Need Advice - 17 sqm short

[888]

Our block falls under Hurstville council which classify our zone as zone 2. According to council under zone 2 we can have dual occupancy dwelling, but for some cruel joke, we're short 17sqm to council's minimum area requirement.

I'm looking for some advices whether we can go around the minimum area requirement. Thanks in advance.

 

[HD_ACE]

Not sure in sydney but perth you can apply for a 5% variation. Might be something similar.

Or else approach neighbours to purchase required sqm.

Cheers

 

[888]

Thanks HD_ACE,

The council town planner didn't mention that, I'll ask them again. Mmm, asking neighbours, that might work, who should I contact to get the sale done if neighbour agree?

Not sure in sydney but perth you can apply for a 5% variation. Might be something similar.

Or else approach neighbours to purchase required sqm.

Cheers

 

[Scott No Mates]

Good design (and not pushing the envelope for the scale of the buildings that you intend) will help to get it over the line. Demonstrate, that on the balance of probablities you can meet all of council's requirements other than land size. It may help to engage a town planner to assist in your submission.

 

[888]

Thanks Scott, will do as you say

 

[Ideo]

Is it an lep or dcp control?

Either way there is the potential to achieve the outcome you want.

I've had massive variations approved in the past. Biggest was a 15ha lot in a 40ha minimum area.

 

[888]

Hi Ideo,

I think it's DCP Control. Do you think we have a chance to apply for the 5% variation?

 

[Ideo]

It all depends on the individual merits of your application and how well the argument is made.

I have seen bigger variations approved and smaller variations refused.

As it comes down to the merit process a definite answer is impossible to give.

 

[mflying]

Have a pre-DA meeting with council and apply for SEPP variation.

it wont be a big hurdle..

it is doable, just how and who does it that matters!

 

[Ideo]

Have a pre-DA meeting with council and apply for SEPP variation.

it wont be a big hurdle..

it is doable, just how and who does it that matters!

It won't be a SEPP 1 if it's a DCP control. SEPP 1 objections only relate to varying development standards. Under the Act development standards are controls set out in an Environmental Planning Instrument. A Development Control Plan is not an EPI as it is a document made by local government and enacted by local government, but is not published in the Government Gazette and not passed by any act of Parliment.

As such, the variation will need to be addressed, but this can be done through the Statement of Environmental Effects under the relevant section, with an argument addressing why strict numerical compliance cannot be achieved.

The extra work and cost of doing a SEPP 1 does not appear to be required in this instance.

 

[mflying]

It won't be a SEPP 1 if it's a DCP control. SEPP 1 objections only relate to varying development standards. Under the Act development standards are controls set out in an Environmental Planning Instrument. A Development Control Plan is not an EPI as it is a document made by local government and enacted by local government, but is not published in the Government Gazette and not passed by any act of Parliment.

As such, the variation will need to be addressed, but this can be done through the Statement of Environmental Effects under the relevant section, with an argument addressing why strict numerical compliance cannot be achieved.

The extra work and cost of doing a SEPP 1 does not appear to be required in this instance.

Cant argue with you in technical town planning matters!

In layman term.. combination of some sort of variation and past approval within council limits would work out in OP's favor

 

[Ideo]

Cant argue with you in technical town planning matters!

In layman term.. combination of some sort of variation and past approval within council limits would work out in OP's favor

Sorry! Legislation nerd

 

[888]

Too bad you're in central coast Ideo, do you have any town planner friends in Sydney you can recommend?

 

[SMSF]

Not sure with your area, but on the Gold Coast we have been able to get around this same thing with showing a smaller dwelling Vs land coverage percentage that is concurrent with surrounding houses.
we actually approached them with multiple dwelling sizes and coverges and had the DA 'Yes' or 'No' each of them.
again, depends on your budget, patience and perseverance.


_______________________________
Andrew
i-SMSF.com.au Business Directory and Forum

 

[888]

Thanks SMSF,

Any idea how much budget we need to set aside for this process?

Not sure with your area, but on the Gold Coast we have been able to get around this same thing with showing a smaller dwelling Vs land coverage percentage that is concurrent with surrounding houses.
we actually approached them with multiple dwelling sizes and coverges and had the DA 'Yes' or 'No' each of them.
again, depends on your budget, patience and perseverance.


_______________________________
Andrew
i-SMSF.com.au Business Directory and Forum

 

[bryn]

kinda on topic... does anyoe know what Rockdale council is like for subdivision that doesn't meet the frontage requirement? Block in question is at an angle, has an 18m frontage (the requirement in rockdale DCP) but width of the block is less.