IP with Granny flat

[devo76]

I will add my 2c again as it might be of interest.

I sent my plans to NSW planning clearly showing my corner lot with the house facing the front main boundary but the granny flat clearly facing the side boundary.
They discussed this in a meeting and said in my example in regards to granny flat setbacks. I clearly can demonstrate that the flat faces the side and setbacks can be made using this boundary as the front.

Unfortunately i did not get this in writing.
I have found a few things like this that are not black and white. And as Serge has stated. They seem to be fine tuning things.
I have a few other issues that have played into my hands.My concerns are that these "loopholes" may close before i apply.

The side/rear setback is not an issue for me as the new flat will be within the existing walls of the house.Thanks for pointing that one out Serge.


My only issue now will be PRIVATE SPACE.
This must be adjacent to a habitable space( not bathroom or bedroom) and a minimum 4mx6m.

This may be my weak point but some creative fencing/doorways may get me through.
the stupid thing is the flat has ample privat space but not adjacent. The tenant actually has a 3 meter by 15 meter wide private landscaped area to themselves. Its at the end of this that the larger open area is located( think of a big L shape)
So much private space but not the regulation 6x4.
I explained this also and they may agree with my method. Not 100% but.

Cheers

 

[brazen]

The problem is convincing the Dept of Planning and the Certifying Authority both at the same time. They often disagree on the language so it's frustrating. They won't do 3-way conference calls either.

What makes it harder is that even if they agree, the Dept. of Planning simply refuse to put anything in writing that relates to any particular proposal. They just wont take the responsibility, even if evidenced with plans etc.

It's the beurocracy and, at times, iIt's frustrating.

Thanks for letting us know devo.

 

[devo76]

The problem is convincing the Dept of Planning and the Certifying Authority both at the same time. They often disagree on the language so it's frustrating. They won't do 3-way conference calls either.

What makes it harder is that even if they agree, the Dept. of Planning simply refuse to put anything in writing that relates to any particular proposal. They just wont take the responsibility, even if evidenced with plans etc.

It's the beurocracy and, at times, iIt's frustrating.

Thanks for letting us know devo.

Just a quick one Serge

How does the process work ?

Does a private certifier convince himself that all the requirements are met and then just tell nsw planning.

or does NSW planning require evidence each requirement is met.
I know it is probably very involved im just curious as to how a private certifier gets the job done/approved.

 

[brazen]

Just a quick one Serge

How does the process work ?

Does a private certifier convince himself that all the requirements are met and then just tell nsw planning.

or does NSW planning require evidence each requirement is met.
I know it is probably very involved im just curious as to how a private certifier gets the job done/approved.

Once a consent is granted, the private certifier lets the Council know, not the Dept. of Planning. He does this by sending plans + the consent documents to them by mail. He also notifies neighbours (as a courtesy) that the consent has been granted, mostly in order to avoid complaints to Council.

 

[devo76]

Once a consent is granted, the private certifier lets the Council know, not the Dept. of Planning. He does this by sending plans + the consent documents to them by mail. He also notifies neighbours (as a courtesy) that the consent has been granted, mostly in order to avoid complaints to Council.

OK but how is a consent granted.
Does the certifier look at all the requirements and therefore take responsibility that all requirements have been met.

Or must he provide evidence to NSW planning also.

An example would be your 60 sqm max size.
Does the certifier confirm this or must he also show evidence to NSW planning ?

I want to know who takes on the final responsibility that all requirements have been met.

Cheers.

 

[brazen]

OK but how is a consent granted.
Does the certifier look at all the requirements and therefore take responsibility that all requirements have been met.

Or must he provide evidence to NSW planning also.

An example would be your 60 sqm max size.
Does the certifier confirm this or must he also show evidence to NSW planning ?

I want to know who takes on the final responsibility that all requirements have been met.

Cheers.

The Certifier takes full responsibility for:
1. Issuing the Consent
2. That the building works meets the BCA requirements
3. That the building works are done as per the BASIX Certificate
4. That the consent he/she has granted is in accordance with the SEPP

 

[devo76]

The Certifier takes full responsibility for:
1. Issuing the Consent
2. That the building works meets the BCA requirements
3. That the building works are done as per the BASIX Certificate
4. That the consent he/she has granted is in accordance with the SEPP

Thanks for that.
I guess you want to make sure your certifier is on the ball.
Looks like potential to make mistakes.
I remember the first certifier i spoke too. He did not know anything about the new granny flat rules. he was so casual in the end he said " just tell me everything that you have done, send photos and ill get it done"

Sounded good at first but the last thing you want is conflict from neighbours down the road. There are probably lots of operators like this around with a bit of a too casual approach.

 

[brazen]

You want a certifier who...is...easy going, casual
Once a Complying Development is granted it can't be contested.

 

[twodogs]

twodogs,


Thanks m8.

Serge.

No worries, but real thanks goes to you for all the info. Looking forward to the responses from Department and certifier.

 

[brazen]

No worries, but real thanks goes to you for all the info. Looking forward to the responses from Department and certifier.

OK I got some respones:

1. CERTIFIER: He will now consider the 'front' as being the one the front door faces.
2. DEPT OF PLANNING: They consider the fron to also be the face with a front door. If the house has 2 'front' doors' then the applicant can nomnate which is the front.