record of actions and communication · image004.jpg thanks matt, i will call you next week....

Record of Actions and Communication Block: 21 Section: 43 Division: Lyneham Action or Conversation with: Date of event: 12 May 2016 Telephone number: Time of event: Time event finished: Officer: I spoke with and advised that I was the case office. I also aksed if the work vehicles are leaving during works hours, which responded that they were. I also advised that I am unable to take any action in regards to vehicles being parked on the verge or street. Details: Need to check to see if they are living at the premises. Next Action: ___________________________________________________________________ Action or Conversation with: Date of event: Telephone number: Time of event: Time event finished: Officer: Details: Next Action:

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From: Andrew - Bellevue Building ProjectsTo: Bond, MathewSubject: RE: Controlled activity complaint - S43 B21 Lyneham - Home businessDate: Thursday, 26 May 2016 1:30:12 PMAttachments: image002.jpg

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Thanks Matt, I will call you next week. Regards, Andrew MillsDirector

bellevue logo blue

"Dream No More" T. 02 62519008 ¦F. 02 62519009¦M. 0418626088 |www.belbuild.com.auSuite 110/21 Battye Street, Bruce, ACT. 2616 HIA and MBA Awards

Disclaimer:This e-mail and any attachment are intended only for the exclusive and confidential use of the addressee(s). If you arenot the intended recipient, any use, interference with, disclosure or copying of this material is unauthorized andproh bited. If you have received this message in error, please notify the sender by return e-mail immediately and deletethe message from your computer without making copies.

From: Bond, Mathew [mailto:[email protected]] Sent: Thursday, May 26, 2016 11:24 AMTo: [email protected]: Controlled activity complaint - S43 B21 Lyneham - Home business Dear Andrew, Thank you for call me this morning. As we discussed over the phone a complaint has beensubmitted to alleging that there is a home business is being run from the premises thatmay require a Development approval, and that there are a number of commercial vehiclesbeing parked in various locations.

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Please see the following section & Link that talk about Home businesses. Section 1.108 - Home businesses conducted from residential leases http://www.legislation.act.gov.au/sl/2008-2/current/pdf/2008-2.pdf if you have any further questions please give me a call. I will talk to you mid next week toarrange a time to come out and conduct a site inspection. Sincerely Mathew Bond | Senior Building Inspector Phone 02 6207 6853| Construction, Environment and Workplace Protection | Access Canberra | ACT GovernmentGPO Box 158 Canberra ACT 2601 | http://www.act.gov.au/accesscbr Access Canberra logo

-----------------------------------------------------------------------This email, and any attachments, may be confidential and also privileged. If you are notthe intended recipient, please notify the sender and delete all copies of this transmissionalong with any attachments immediately. You should not copy or use it for any purpose,nor disclose its contents to any other person.-----------------------------------------------------------------------

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From: Bond, MathewTo: csbinvestigationsSubject: RE: 4 Fox place, Lyneham [SEC=UNCLASSIFIED, DLM=For Official Use Only]Date: Friday, 3 June 2016 10:04:00 AM

Dear ,

I have arrange a meeting later today to discuss this matter, and proceed to rectify any issues that come of theinspection. I will advise you if any action is to be take after the site inspection.

Sincerely

Mathew Bond | Senior Building InspectorPhone 02 6207 6853|Construction, Environment and Workplace Protection | Access Canberra | ACT GovernmentGPO Box 158 Canberra ACT 2601 | http://www.act.gov.au/accesscbr

-----Original Message-----From: Sent: Thursday, 2 June 2016 11:19 PMTo: csbinvestigationsSubject: 4 Fox place, Lyneham

Could I please have an update on where things are up to with regards to my formal complaint.

I would appreciate an email response.

Sent from my iPad

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From: Bond, MathewTo: "[email protected]"Subject: Home businesses conducted from residential leases - S43 B21 Lyneham [SEC=UNCLASSIFIED]Date: Monday, 6 June 2016 10:04:00 AMAttachments: image001.jpg

Dear Andrew, Thank you for allowing me onto the property Friday and discussing these issues with you. As we discussed I have gotten advice from the staff down in the technical area. The 40m2is not identified as a whole “Unit” which allows different areas of the building could beutilised as part of the Home business. At this point in time the inspection on Friday showedthat the 40m2 may be able to be achieved. Please keep in mind though that the PDAregulations allow a Home business to be run from the premises however the majority ofthe building has be used & kept as a residence. The small reception area, due to it being in a mixed use area “ liveable area”. Thereception area should have a small portion of it as identified as business use. If you wouldlike to know how to assess this please call me and I can explain. As discussed not more than 2 people work on the lease at any time; and anyone whoworks on the lease in the business genuinely lives on the lease. I understand you arecurrently arranging this, however for the purpose of the investigation there will need to beevidence to prove this at a later date. I understand that vehicle parking and access may notbe a issue, however if you were to have large staff or client meetings, you may need tohave in place a strategy for parking which would mitigate any access issues with the street.If at a later date you are wanting to put a sign up, you will need meet the signs generalcode. If you are able to meet these requirements then you will not need to lodge a DA at thispoint in time, however if you feel that any part of 1.108 of the Planning and DevelopmentRegulations cannot be met you may need to lodge a full Development Application. If you have any questions or issues, feel free to call me. Sincerely Mathew Bond | Senior Building Inspector Phone 02 6207 6853| Construction, Environment and Workplace Protection | Access Canberra | ACT GovernmentGPO Box 158 Canberra ACT 2601 | http://www.act.gov.au/accesscbr Access Canberra logo

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From: Bond, MathewTo:Subject: Update on Complaint - S43 B21 Lyneham [SEC=UNCLASSIFIED]Date: Monday, 6 June 2016 10:31:00 AMAttachments: image001.jpg

Dear I refer to your complaint made to Construction, Environment and Workplace Protection, a siteinspection that was conducted on Friday found that the home business isn’t consistent with theRegulations. We are currently taking steps to rectify these issues. Due to the ACT Government’sobligations under the Information Privacy Act 2014 we are unable to provide you with anyspecific information regarding this case at this stage. Sincerely Mathew Bond | Senior Building Inspector Phone 02 6207 6853| Construction, Environment and Workplace Protection | Access Canberra | ACT GovernmentGPO Box 158 Canberra ACT 2601 | http://www.act.gov.au/accesscbr Access Canberra logo

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From: Andrew - Bellevue Building ProjectsTo: Bond, MathewSubject: RE: Controlled activity complaint - S43 B21 Lyneham - Home business [SEC=UNCLASSIFIED]Date: Tuesday, 28 June 2016 10:04:50 AMAttachments: image002.jpg

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Morning Mathew, Hope all is well?Mate can we do next Monday 4th July at 11am.I'm just flat out at the moment!!Let me know if this suits. Regards, Andrew MillsDirector

bellevue logo blue

"Dream No More" T. 02 62519008 ¦F. 02 62519009¦M. 0418626088 |www.belbuild.com.auSuite 110/21 Battye Street, Bruce, ACT. 2616 Disclaimer:This e-mail and any attachment are intended only for the exclusive and confidential use of the addressee(s). If you arenot the intended recipient, any use, interference with, disclosure or copying of this material is unauthorized andproh bited. If you have received this message in error, please notify the sender by return e-mail immediately and deletethe message from your computer without making copies.

From: Bond, Mathew [mailto:[email protected]] Sent: Tuesday, June 28, 2016 9:55 AMTo: Andrew - Bellevue Building Projects <[email protected]>Subject: RE: Controlled activity complaint - S43 B21 Lyneham - Home business[SEC=UNCLASSIFIED] Dear Andrew, Just checking in to see what time would suit you to re-inspect the building out at Lyneham? Sincerely Mathew Bond | Senior Building Inspector Phone 02 6207 6853| Construction, Environment and Workplace Protection | Access Canberra | ACT GovernmentGPO Box 158 Canberra ACT 2601 | http://www.act.gov.au/accesscbr

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Thank you for call me this morning. As we discussed over the phone a complaint has beensubmitted to alleging that there is a home business is being run from the premises thatmay require a Development approval, and that there are a number of commercial vehiclesbeing parked in various locations. Please see the following section & Link that talk about Home businesses. Section 1.108 - Home businesses conducted from residential leases http://www.legislation.act.gov.au/sl/2008-2/current/pdf/2008-2.pdf if you have any further questions please give me a call. I will talk to you mid next week toarrange a time to come out and conduct a site inspection. Sincerely Mathew Bond | Senior Building Inspector Phone 02 6207 6853| Construction, Environment and Workplace Protection | Access Canberra | ACT GovernmentGPO Box 158 Canberra ACT 2601 | http://www.act.gov.au/accesscbr Access Canberra logo

-----------------------------------------------------------------------This email, and any attachments, may be confidential and also privileged. If you are notthe intended recipient, please notify the sender and delete all copies of this transmissionalong with any attachments immediately. You should not copy or use it for any purpose,nor disclose its contents to any other person.-----------------------------------------------------------------------

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7/4/16, 3:20 PMCompleted onChris SouthwellAccompanying officerMathew BondLead inspector, case officer7/4/16, 10:50 AMDate and timeLynehamSuburb43Section21BlockLynehamSuburb43Section21BlockHome Business - LynehamFile name

Investigations Team inspection record

Report created with iAuditor12 of 27

Media

Appendix 1 Appendix 2


Home Business Lyneham - 5 -16 of 27

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From: Bond, MathewTo:Subject: Controlled Activity Complaint - S43 B21 lyneham - Closed [SEC=UNCLASSIFIED]Date: Monday, 4 July 2016 3:48:00 PMAttachments: 2016-07-04 - Action notification to complainant after investigation 345 1(a) Not longer a Controlled Activity

- S43 B21 Lyneham - Signed and sent.pdfimage001.jpg

Dear ,

Please see attached closure letter for your complaintin regards to the home business. If you have any questions please feel free to contact me. Sincerely Mathew Bond | Senior Building Inspector Phone 02 6207 6853| Construction, Environment and Workplace Protection | Access Canberra | ACT GovernmentGPO Box 158 Canberra ACT 2601 | http://www.act.gov.au/accesscbr Access Canberra logo

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From: Bond, MathewTo: "Andrew - Bellevue Building Projects"Subject: Home Business investigation - Close Case. [SEC=UNCLASSIFIED]Date: Monday, 4 July 2016 3:58:00 PMAttachments: image001.jpg

Dear Andrew, Thank you for allowing me to complete my investigation today. The complaints have beeninvestigated and is considered no longer a controlled activity. Thank you for working with AccessCanberra to achieve a good outcome. For your knowledge in regards to the inspection conducted today, the space that is being usedfor business purposes is around 26.09 square meters. The regulations allow up to 40 squaremeters. If you are unsure of the regulation requirements, or you are wanting to change a few thingsaround the following link will be able to assist you in staying compliant with the relevantregulations. Section 1.108 - Home businesses conducted from residential leases http://www.legislation.act.gov.au/sl/2008-2/current/pdf/2008-2.pdf Sincerely Mathew Bond | Senior Building Inspector Phone 02 6207 6853| Construction, Environment and Workplace Protection | Access Canberra | ACT GovernmentGPO Box 158 Canberra ACT 2601 | http://www.act.gov.au/accesscbr Access Canberra logo

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From: Bond, MathewTo:Subject: Re: 4 fox place Lyneham - UpdateDate: Monday, 25 July 2016 2:12:37 PM

Dear ,

The meeting went well, I have been instructed to work with the lessee to bring the home business tocompliance. Whether the lessee make changes, or lodge a DA.

I have been in contact with the lessee and we are progressing this further with a few options. At this point intime I currently have a few investigations that are priority at the moment, however I will be able to keep up todate with the lessee.

Once I have further information I will advise you.

Sincerely

Sent from my iPad

> On Jul 25, 2016, at 11:02 AM, wrote:>> Dear Mathew>> Could you please advise me of the outcome of Thursday's meeting with your senior managers ?>> Thanks> >> Sent from my iPad>>> On 20 Jul 2016, at 2:02 PM, Bond, Mathew <[email protected]> wrote:>>>> Dear ,>>>> Sorry for the late reply. The regulation says "not more than 2 people work on the lease at any time">>>> Sincerely>>>>>> Mathew Bond | Senior Building Inspector>> Phone 02 6207 6853|>> Construction, Environment and Workplace Protection | Access Canberra | ACT Government>> GPO Box 158 Canberra ACT 2601 | http://www.act.gov.au/accesscbr>>>>>>>>>> -----Original Message----->> From: >> Sent: Friday, 15 July 2016 5:48 PM>> To: Bond, Mathew>> Subject: Re: Home Business - S43 B21 [SEC=UNCLASSIFIED]>>>> Just to clarify. It is not "a person" but "people" who come to work at the house.>>>> Sent from my iPad>>

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>>> On 15 Jul 2016, at 11:32 AM, Bond, Mathew <[email protected]> wrote:>>>>>> >>>>>> At this stage there is evidence to prove that someone living at the lease who works on the business.However the issue which I am trying to resolve is that a external person is coming to work. Further before I takethis matter further, I am aware that there has been some discussion relating to home business's which is why Iam waiting to attend the JAG meeting.>>>>>> In this case the lessee may be able to lodge a DA for seek approval which they are entitled do so. Before Igo further with this investigation I want to have a meeting with my senior managers.>>>>>> Sincerely>>>>>> Mathew Bond | Senior Building Inspector Phone 02 6207 6853|>>> Construction, Environment and Workplace Protection | Access Canberra |>>> ACT Government GPO Box 158 Canberra ACT 2601 |>>> http://www.act.gov.au/accesscbr>>>>>>>>>>>>>>>>>>>>> -----Original Message----->>> From: >>> Sent: Friday, 15 July 2016 11:27 AM>>> To: Bond, Mathew>>> Subject: Re: Home Business - S43 B21>>>>>> Mathew the relevant breach of the regulations pertaining to an allowable home business is contained in1.108(1)(b). Anyone who works on the residential lease must genuinely live on the residential lease. As Ihave pointed out to you from the outset, people are working at the residential lease who do not work there.>>>>>> The question for you to take to your group is what to do about the fact that you have given approval to abuilder/developer, to run a business office, from a residential lease, where the owner and other employees workat the lease but do not live there.>>>>>> >>>>>>>>> Sent from my iPad>>>>>>> On 15 Jul 2016, at 10:35 AM, Bond, Mathew <[email protected]> wrote:>>>>>>>> It's been moved to next week Thursday.>>>>>>>> Sent from my iPad>>>>>>>>> On Jul 15, 2016, at 10:34 AM, wrote:>>>>>>>>>> When is this meeting ?>>>>>>>>>> Sent from my iPad>>>>>>>>>>> On 15 Jul 2016, at 10:33 AM, Bond, Mathew <[email protected]> wrote:>>>>>>>>>>>> Dear ,>>>>>>>>>>>> Thank you for your email. There has been some discussions about home business, which is why I amwaiting for my JAG meeting to discuss these matter.

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>>>>>>>>>>>> The definition for a home business means a profession,trade,or other occupation. The regulations doesnot identify what type of business can be run from the premises.>>>>>>>>>>>> Once I have my JAG meeting I will have more information to send you.>>>>>>>>>>>> Sincerely>>>>>>>>>>>>>>>>>> Sent from my iPad>>>>>>>>>>>>> On Jul 15, 2016, at 7:45 AM, wrote:>>>>>>>>>>>>>> Dear Mathew>>>>>>>>>>>>>> Do you now have a response to the matter I raised with respect to number 4 Fox Place ?>>>>>>>>>>>>>> It is the case, and always has been, that people who work at the house do not live there. This is aresidential area and the primary function at number 4, is a commercial business in the form of theadministrative office of a building development company.>>>>>>>>>>>>>> I would be grateful to have your response today please.>>>>>>>>>>>>>> >>>>>>>>>>>>>>>>>>>>>>>>>>>> Sent from my iPad>>>>>>>>>>>>>>> On 12 Jul 2016, at 9:40 AM, Bond, Mathew <[email protected]> wrote:>>>>>>>>>>>>>>>> Dear ,>>>>>>>>>>>>>>>> Sorry I haven't gotten back to you, I have been currently been in and out of the office on prioritycases at the moment.>>>>>>>>>>>>>>>> I have a meeting with JAG (senior managers) booked, which I will bringing these issues forward tothem.>>>>>>>>>>>>>>>> I will contact you once I have finished up with my meeting at JAG.>>>>>>>>>>>>>>>> Sincerely.>>>>>>>>>>>>>>>> Sent from my iPad>>>>>>>> ----------------------------------------------------------------->>>>>>>> ->>>>>>>> ----- This email, and any attachments, may be confidential and>>>>>>>> also privileged. If you are not the intended recipient, please notify the sender and delete all copies ofthis transmission along with any attachments immediately. You should not copy or use it for any purpose, nordisclose its contents to any other person.>>>>>>>> ----------------------------------------------------------------->>>>>>>> ->>>>>>>> ----->>> ---------------------------------------------------------------------->>> - This email, and any attachments, may be confidential and also>>> privileged. If you are not the intended recipient, please notify the sender and delete all copies of thistransmission along with any attachments immediately. You should not copy or use it for any purpose, nordisclose its contents to any other person.>>> ---------------------------------------------------------------------->>> ->> -----------------------------------------------------------------------

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record of actions and communication · image004.jpg thanks matt, i will call you next week....

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