Definition of multiple dwellings in WA

[thatbum]

Interesting case which considers whether or not a particular unit in a development is a "multiple dwelling" or a "grouped dwelling".

ELLIS and CITY OF STIRLING [2014] WASAT 172 (22 December 2014)

http://www5.austlii.edu.au/au/cases/wa/WASAT/2014/172.html

At paras 24 to 26:

"24 The respondent's expert, Ms Giovanna Lumbaca, stated in her witness statement that in her opinion, the 'minor projection' of Unit 7 vertically above the plot ratio of another dwelling, being 11.86% of Unit 7's entire plot ratio area, was not a substantial part of Unit 7 (Exhibit 8, paragraph 24). Ms Lumbaca's view is that it is more accurate to describe Unit 7 as substantially occupying a separate and distinct part of the site, rather than being substantially vertically above the plot ratio area of another dwelling, and therefore, in her opinion, Unit 7 is more properly characterised as a grouped dwelling and not a multiple dwelling (Exhibit 8, paragraph 26).

25 The applicant's expert, Mr Neil Teo, accepted under cross-examination that the percentage of the plot ratio area of Unit 7 that was vertically above that of another dwelling was not substantial. However, in his witness statement (Exhibit 9), Mr Teo stated that the combined plot ratio area of all of the parts of the upper level dwellings vertically above the plot ratio area of another dwelling is 139m2. The total plot ratio area of all of the dwellings incorporated in the development application is 449m2. Therefore, on Mr Teo's calculations, 30.95% of the plot ratio areas of the dwellings were vertically above the plot ratio area of other dwellings. Mr Teo submitted that this meant that, overall, the development proposal involved a substantial amount of the plot ratio area of upper level dwellings that were vertically above the plot ratio area of another dwelling. Mr Teo also opined that the development proposal 'encompasses a dwelling over dwelling design with communal resident and visitor parking, access and pedestrian areas' making it 'unmistakably' a multiple dwelling proposal (Exhibit 9, paragraph 27(f)).

26 I have come to the view that the definition of the term 'multiple dwelling' does not require that every dwelling must have a substantial part of its plot ratio area above another dwelling. The definition specifies that 'a dwelling' is a multiple dwelling when it is 'in a group of more than one dwelling on a lot where any part of the plot ratio area of a dwelling is vertically above any part of the plot ratio area of any other' (my emphasis). It is not stated in the definition that it is required that part of the plot ratio area of 'the' dwelling (that is, the dwelling under consideration) has to be vertically above that of another."

I also chuckled because it was a City of Stirling 60 day deemed refusal initially.

 

[Ausprop]

I'm arguing a definition with a council as well, whereby they have ignored the definition of a single house under the r-codes and under their LSP they have called it a grouped dwelling.

 

[Chomp]

So they only lost due to driveway and landscaping design ?

 

[thatbum]

I'm arguing a definition with a council as well, whereby they have ignored the definition of a single house under the r-codes and under their LSP they have called it a grouped dwelling.

I thought single house was pretty clearly defined in the Rcodes.

Green title or survey strata with no common area?

 

[thatbum]

So they only lost due to driveway and landscaping design ?

That's putting it very simply, but yes it seems so.

 

[Ausprop]

I thought single house was pretty clearly defined in the Rcodes.

Green title or survey strata with no common area?

it is!

survey strata with no common property. They say an LPS over rides the R-codes. I asked if they had aprpoval from WAPC to make that change, they are seeking legal advice

 

[thatbum]

it is!

survey strata with no common property. They say an LPS over rides the R-codes. I asked if they had aprpoval from WAPC to make that change, they are seeking legal advice

I think the difficulty is that it is both a grouped dwelling in some contexts, and also a single house in other contexts.

Depends what you're trying to do?

For example, a granny flat should be okay.

 

[westminster]

They are currently trying to change the multi dwelling definitition in the RCodes to be make it the majority is overlapping another unit.

It will stop smart arses like me trying to get one last project which only has a small amount over lapping. Turned a triplex block into 5 two storey apartments - they are 4 two bedroom apartments and one single bedroom apartment. It's nice to be able to offer a smaller solution than a triplex with 4 x 2

 

[thatbum]

They are currently trying to change the multi dwelling definitition in the RCodes to be make it the majority is overlapping another unit.

I thought they already made that change. It now says "substantial" instead of any amount overlapping.

 

[Ausprop]

I think the difficulty is that it is both a grouped dwelling in some contexts, and also a single house in other contexts.

Depends what you're trying to do?

For example, a granny flat should be okay.

it's to fall under the permitted holiday home use, they want to rely on grouped dwelling category as a means of capping occupants. I am penalised as a result.

 

[westminster]

I thought they already made that change. It now says "substantial" instead of any amount overlapping.

Nope that is the old one.

UDIA and the Shire of Wyndham East
Kimberley raised issues relating to the
existing definition of Multiple Dwelling as it
does not define substantiality in terms of the
amount of plot ratio area of a dwelling which
is vertically above any part of the plot ratio
area of any other. It is considered applying
the term majority will address this issue given
majority means greater than 50 percent.
Refer submissions schedule for further
details.

Proposed new definition

A dwelling in a group of more than one
dwelling on a lot where any majority part of
the plot ratio area of a dwelling is vertically
above any part of the plot ratio area of any
other but:
? does not include a grouped dwelling;
and
? includes any dwellings above the
ground floor in a mixed use
development.

 

[Tano]

They are currently trying to change the multi dwelling definitition in the RCodes to be make it the majority is overlapping another unit.

It will stop smart arses like me trying to get one last project which only has a small amount over lapping. Turned a triplex block into 5 two storey apartments - they are 4 two bedroom apartments and one single bedroom apartment. It's nice to be able to offer a smaller solution than a triplex with 4 x 2

Hi myf
Can you elaborate on this? I don't fully understand what you did.

 

[thatbum]

Hi myf
Can you elaborate on this? I don't fully understand what you did.

Imagine 5 townhouses in a terrace row, where normally you are allowed to only build 3.

Now shift the entire the top floor to the right maybe 1 metre.

Viola - now a multiple dwelling and therefore allowed.

That's the rough theory anyway.

 

[westminster]

Hi myf
Can you elaborate on this? I don't fully understand what you did.

Ok as the definition is

where any substantial part of
the plot ratio area of a dwelling is vertically
above any part of the plot ratio area of any
other but

Technically that means that some of one apartment has to be ABOVE some of another apartment. You can achieve this by have a slightly offset second storey townhouse shaped 2 storey apartment.

It has been cheekily done by a number of developers. They might put the ensuite of one townhouse over the downstairs of another etc etc

The cheekiest example I have seen is below - I don't know if it got passed but it was submitted to Subi or Cambridge council from recollection. I store interesting ideas

 

[Tano]

Thanks Myf and well played

 

[z611143]

technical stuff that i cant really understand.

Can someone explain plot ratios again to me?

 

[HD_ACE]

technical stuff that i cant really understand.

Can someone explain plot ratios again to me?

The area of building on a plot of land. Usually expressed as a ratio of total site area. Ie .5/.7 etc.

Multiply the total site area by the ratio to get total build area eg 1000sqmX.5 is 500sqm of build area.

As always there are lots of things that are either incl or excl in calculating this area.

 

[westminster]

technical stuff that i cant really understand.

Can someone explain plot ratios again to me?

It's all in your favourite book z6, you need to read the definition in the RCodes.

For those playing at home we can use R40 as an example with an odd size block as this is where it works best

R40 350sqm rear block (pretty much what is in the picture linked)

grouped dwellings: only large enough to make one 220sqm block. Therefore only one dwelling can be built at rear.

Multiple dwelling: 350sqm x 0.6 = 210 of plot ratio. Plot ratio doesn't include garages, store rooms, balconies, common staircases etc. So you can build 210sqm of living area. Divide that by 2 and it's 105sqm each which is enough two of 3 x 1 maybe even a 3 x 2.

So you can see if you use different rules you can fit more on the block. If you then transform that multiple dwelling so it's a 2 storey apartment you have a win win situation.

However as I've said this is a current grey area which is likely to be closed shortly so I wouldn't be buying to attempt it. You can still of course built a traditional apartment which is a 105sqm apartment on ground floor and 105sqm apartment on first floor.

 

[z611143]

So its just indoor space. Which can be worked out be the requirements of the outdoor min total % of site if ypu take that percentage away from 100%?

Ie: R40 has a 45% min total % of site so 55% of the area can be built on?

 

[westminster]

So its just indoor space. Which can be worked out be the requirements of the outdoor min total % of site if ypu take that percentage away from 100%?

Ie: R40 has a 45% min total % of site so 55% of the area can be built on?

Nope that is site coverage or open space.

Plot ratio is used by multiple dwellings (and single bedroom dwellings and granny flats) only