Land and Environment court over ruling council?

[Danieljk101]

Hi all.

Just seeing if anyone has experience in this matter. Here is a quick rundown..

I have a 1012 sqm block in Quakers Hill (Western Sydney, Blacktown council). The current house at the front is in perfect position for a battle axe subdivision. Under current council regulations though I can only do a dual occupancy, I'm about 30 sqm short of subdivision.

The other day I was speaking to my neighbour and he reckons he spoke to an engineer at the local council and he told him that because the precedent had been set in our street you can take the case to Land and Environment court and the will almost definitely rule in your favour. There are multiple blocks in our street that have been subdivided when the council rules were different. Some of the subdivided blocks are actually quite a bit smaller than ours.

Anyway, just seeing if anyone has experience in something like this and i should pursue it or whether my neighbour is full of crap and just do a dual occ.

Thanks again

 

[Ideo]

Well, how long is a piece of string...

Yes, the LEC can override a Council determination. However, you need to go through the Council DA system first.

Given the relatively small size difference I would first attempt to carry out a DA with a SEPP 1 in order to vary the minimum lot size for your proposed subdivision. The existing context of the street may well help you in this instance. You would need a surveyor and planner to get the best outcome.

LEC is not a decision to be taken lightly. I am currently preparing for a case and we are looking at a legal bill well in excess of 40k. This is before my firms fees from an architectural and planning perspective. Plus there is the lodgement fees of around 6.5k to have the matter heard. If successful there is the opportunity for costs - however if unsuccessful you may need to pay costs.

Basically, go down the DA path. You might be surprised. The point of merit assessment is for the consideration of the unique site characteristics and surrounding context. Just because you don't mean the minimum doesn't mean you won't get approval if your case is argued successfully.

 

[Danieljk101]

Great response Ideo, much appreciated.

I will definitely try and get it done through council DA first and hope they will alter the minimum lot size for the front house.

Cheers