councils and redevelopment

[john doe]

Hi all,

Just wondering if anyone can offer any advice here. My friends own a really rundown block of flats in Ashfield, NSW (inner west). There are 4x2BR flats in the block. They want to knock down the whole lot and build a brand new block. They've owned this for many years now, and plan to hold on to it for the long term after development as well.

Problem is, the council has become really sensitive to people over-developing in the area. (Ashfield is basically chok-a-blok full of apartments) They've told them that 50% of the land now must be landscaped gardens, and therefore they can only build on the other 50%. This leaves them with being able to build only 8 apartments (mix of 1br and br). This makes the whole project almost untennable.

What I find suprising that large developers (like meriton) have recently built HUGE blocks of apartments in the same suburb. So how come they were allowed to do it?

Does anyone know if councils can somehow be persuaded to change their minds and let you build more flats? Or if they say wait a few years, will the council change their policies?

John

 

[Aceyducey]

Big companies have more muscle.

Also rules change over time. Meriton could have put their projects through council 8 years ago.

True they may change again in future, but that doesn't help your friends right now.

Your friends should consider renovation rather than replacement - could be more lucrative particularly if otherwise you can only build 50%.

Cheers,

Aceyducey

 

[Savanna100]

developing in Ashfield

Hi,

Firstly,

check the plannning controls for the site. The Local Environmental Plan and thge Development Control Plan are the things to check.

These contain the main planning controls. Your friends are being affected by a limit on the floor space ratio. Generally the Floor Space ratio is a 'development standard' and cannot be varied except through what is known as a SEPP 1. This means you must make the case that compliance with the controls are "unreasonable and unnecessary in the circumstances of the case".

This is not easy to win as economic arguements won't cut it.

You will also need to know about the 'open space' controls for a more accurate picture.

Have these people had a pre-DA meeting with Council? Is it in fact Canterbury council or Ashfield Council?

To give further advice I would need to know a bit more. can you PM me?

I do concur with the idea that refurbishment may be better, given that they may already have more than the maximum allowable on the site and also, refurbishment may not trigger a section 94 contribution (whaich is like a development tax which can be substantial)

Savanna