DRAfT BLAckTOwN LOcAL ENVIRONMENTAL PLAN 2013

[Proogle]

Got this in my mailbox today from Blacktown council

http://apps.blacktown.nsw.gov.au/bl...heets/04_Fact Sheet 4 - Residential Zones.pdf

In R2
->you need at least 900 square metres of land to build attached dwellings
-> you need at least 1,800 square metres of land to build multi dwelling housing (townhouses or villas)

How does this impact investors who plan to increase yield by building a granny flat or 2nd dwelling in backyard.

Cheers, P

 

[alexlee]

->you need at least 900 square metres of land to build attached dwellings
-> you need at least 1,800 square metres of land to build multi dwelling housing (townhouses or villas)

These are the controls for R3 Medium Density Residential, not R2. You can't build townhouses or villas on R2 anyway.

A key change for R2 is that you can only subdivide if the resulting lot is at least 450sqm (which means you have to start with at least 900sqm). This is much bigger than the previous starting 600sqm. However, corner lots are still minimum 600sqm for subdivision.

 

[devank]

How does this impact investors who plan to increase yield by building a granny flat

Granny flat stuff is a State Legislation so local rules may not apply. I think the best councils can do is charge the S94 fees.

 

[western_sydney]

The doesn't affect granny flats at all. With their S94 contributions granny flats are a nice little money spinner for the council.

 

[vaughan]

Granny flats are dual occupancies, not subdivision.

 

[Propertunity]

Granny flats are dual occupancies, not subdivision.

Granny flats are not dual occupancies, they are Secondary Dewllings .....but you are correct, they are not sub-divisions.

 

[devank]

Granny flats are not dual occupancies, they are Secondary Dewllings .....but you are correct, they are not sub-divisions.

I think they are technically classified as dual occ. in NSW. That is why we can get separate services and legally rent them separately.

 

[Ideo]

I think they are technically classified as dual occ. in NSW. That is why we can get separate services and legally rent them separately.

planning geek hat on

From a planning legislative perspective they are not classified as a dual occupancy which is defined as:

Dual occupancy means a dual occupancy (attached) or a dual occupancy (detached).

Note. Dual occupancies are a type of residential accommodation—see the definition of that term in this Dictionary.

dual occupancy (attached) means 2 dwellings on one lot of land that are attached to each other, but does not include a secondary dwelling.

Note. Dual occupancies (attached) are a type of dual occupancy—see the definition of that term in this Dictionary.

dual occupancy (detached) means 2 detached dwellings on one lot of land, but does not include a secondary dwelling.

Note. Dual occupancies (detached) are a type of dual occupancy—see the definition of that term in this Dictionary.

A Secondary Dwelling is defined as

secondary dwelling means a self-contained dwelling that:

(a) is established in conjunction with another dwelling (the principal dwelling), and
(b) is on the same lot of land as the principal dwelling, and
(c) is located within, or is attached to, or is separate from, the principal dwelling.
Note. See clause 5.4 for controls relating to the total floor area of secondary dwellings.
Secondary dwellings are a type of residential accommodation—see the definition of that term in this Dictionary.

(All definitions are from the Standard Instrument LEP so will soon be consistent across the state).

This means that a Dual Occupancy is a very different type of development than a secondary dwelling. A Secondary Dwelling can only exist when it accompanies the primary dwelling on the site. It cannot be a stand alone building. However, a dual occupancy can be subdivided and form an individual lot.

To sum up, any DLEP will not cause any issues with carrying out a granny flat on a standard residential zoning. Any DLEP prepared now will be in accordance with the Standard Instrument LEP, prepared by the Department of Planning. The Department of Planning, as the state planning body, also wrote the Affordable Rental Housing SEPP, which is where granny flats are introduced as a development type. The SEPPS (State Environmental Planning Policies) are written in accordance with the framework of the Standard Instrument LEP.

Because of the hierarchical nature of Environmental Planning Instruments, SEPPS also over-rule LEPS, so even if an LEP states that a granny flat cannot be built on say, an R1 residential portion of land, then provided there are no site specific constraints, you can still carry out development under the SEPP.

 

[virgo]

Gf

Er................so after that technical post,

So they are secondary dwellings.........period.

 

[devank]

Thanks for that lesson Ideo.. and thanks Virgo for the conclusion

Now I know I have a Secondary Dwelling.... not Dual Occupancy.

 

[Sau]

Ideo,

The council advises us that:
--------------------------------------------
Under the Draft Blacktown LEP 2013 (which was publicly exhibited from 23 January – 19 April 2013). The subject property is proposed to be zoned RU4 Primary Production Small Lots and the following controls are proposed:
· Minimum lot size for subdivision – 40 hectares (as shown on Lot Size Map)

· Minimum site area for erection of a dwelling – 4,000 sqm (Clause 4.2A(2)(a))
------------
Since the size of our lot is only 8 acres, I guess we could not subivide the land into smaller lots. Wonder if we could build several dwelling on our lot to rent each one out, eg, one dwelling per one acres sort of.

 

[Ideo]

No. Basically.

The Affordable Renting Housing SEPP only applies to residential zoned land. And you could only do 1 per dwelling/lot anyway.

Without looking at the LEP you may be able to do a dual occ, but that is as far as you could take it.

Still, in about 10 years time you may well be sitting on a gold mine as urban sprawl gathers ever increasing pace.

 

[brazen]

Blacktown Council uniquely prescribe controls (for granny flats) under their 'Dual Occupancy' DCP, so this is probably where most of the confusion lies

But yea, technically granny flats are not dual occ.

Serge

 

[RetireRich101]

Ideo,

The council advises us that:
--------------------------------------------
Under the Draft Blacktown LEP 2013 (which was publicly exhibited from 23 January – 19 April 2013). The subject property is proposed to be zoned RU4 Primary Production Small Lots and the following controls are proposed:
· Minimum lot size for subdivision – 40 hectares (as shown on Lot Size Map)

· Minimum site area for erection of a dwelling – 4,000 sqm (Clause 4.2A(2)(a))
------------
Since the size of our lot is only 8 acres, I guess we could not subivide the land into smaller lots. Wonder if we could build several dwelling on our lot to rent each one out, eg, one dwelling per one acres sort of.

If the acreage property is under the NWGC 16 precincts and currently proposed RU4 under BLEP 2013 will eventually zoning under SEPP once the precinct is marked for Rezoning. If the acreage is not under the 16 precincts then yes, it doesn't have development potential and at most can probably build a dual occ....

 

[RetireRich101]

I came across a property in Blacktown that got me curious.

Property address is 2 Allawah St, Blacktown.

-- It appears the big developer 'Western Sydney Property Group' purchased this triangular land of 790m2, knock down the fibro house and built a 'triplex' property on it.
-- By triplex i meant it appears from the street like 3 x 2B double storey townhouse with all front door facing the street.
-- Rpdata does not indicate it has 3 titles, so I assumed 3 dwellings in under 1 title?
-- I don't think they can be called triplex since its not on separate titles(community whatever) since Blacktown does not allow subdivide for 600m2 under old LEP 1988 nor 900m2 under BLEP 2013
-- what ever it is, the return appears to be sound. probably getting $1300 /week for the 3 dwelling combined imo

the question is can Blacktown LGA allow "tri-occupancy" under one say 800m2