Subdivision Newbie Questions

Hi all,

I have a couple of questions on my first subdivision.

The property is in Sydney NSW. I have already bought the land and there is an existing house on one side of the block. The other half of the block is vacant land. I have designed a house I want to build on the vacant part of the block. Do I need a draftsman to draw up plans for a house and the subdivision or do I need a surveyor?

Also it is titled as 10/12 and is clearly a double block according to the plans and the councils maps. However when checking the feasibility of subdivision with council they say it is 80sqm too small I need 1400sqm total to subdivide into two blocks. I do qualify for a detatched dual occ however there are obvious benefits of subdivision. Given that it was originally supposed to be two blocks at the time of subdivision back in the 80's, and that in my street there are already duplexes on separate titles (350sqm each) as well as blocks under 600sqm is it likely that I could put this through then win on appeal in land and environment court?

Any help would be appreciated especially finding if I need a draftsman or a surveyor or both to draw up the plans for a subdivision.

Thank you.
 
I will ask one aswell. Relating to Perth/WA

If i buy a property which isnt in the propozed rezoning area, however not far away, say 200 metres away or a couple of streets, can i still go to the council and get my property rezoned?

If so how likely is success with this?

Do i just have to meet the criteria of the RCoding on page 58 regarding land, frontage ect?
 
Hi Now

I havent had any experience with Sydney councils but in NSW you usually have to look at what the current LEP and DCP state about subdivision regardless of what has gone before.
If the block is too small to torrens title will they let you strata or can you buy the necessary land off a neighbour in a boundary adjustment?
Having a chat with a private town planner with experience with the particular council will probably answer all your concerns.
See a surveyor before a draftsman or your plans may be in vain.

Good luck :)
 
I will ask one aswell. Relating to Perth/WA

If i buy a property which isnt in the propozed rezoning area, however not far away, say 200 metres away or a couple of streets, can i still go to the council and get my property rezoned?

If so how likely is success with this?

Do i just have to meet the criteria of the RCoding on page 58 regarding land, frontage ect?


No chance. Spot rezonings are not supported.
 
No chance. Spot rezonings are not supported.

So it would stay R20 to whenever another proposal came about.

Which would still mean it could potentially do the 350 sqm Minimum upto 410sqm (Property is 820 sqm) if current property is situated in the right spot on the land.

Thats if it meets the other criteria of 10m min frontage ect as outlined on pg58.
 
You would need a minimum 3.5m driveway width (Preferably 4m)

If battleaxe (no common property) then min 450m for rear block
If shared driveway (strata) then Min 350m for back lot which does not include the common driveway.

So it would stay R20 to whenever another proposal came about.

Which would still mean it could potentially do the 350 sqm Minimum upto 410sqm (Property is 820 sqm) if current property is situated in the right spot on the land.

Thats if it meets the other criteria of 10m min frontage ect as outlined on pg58.
 
You would need a minimum 3.5m driveway width (Preferably 4m)

If battleaxe (no common property) then min 450m for rear block
If shared driveway (strata) then Min 350m for back lot which does not include the common driveway.

Oh ok that helps.

So battleaxe basically means it has its own driveway and own entrance point compared to say the front(other) property.

If Shared entrance/driveway it can be a 350 sqm land at the back in this case

Also where can i find that sort of information where i need to know how big a driveway can be?
 
Oh ok that helps.

So battleaxe basically means it has its own driveway and own entrance point compared to say the front(other) property.

If Shared entrance/driveway it can be a 350 sqm land at the back in this case

Also where can i find that sort of information where i need to know how big a driveway can be?

Battleaxe has exclusive driveway (seperate entrance )
Strata shares driveway with both houses. Usually it feeds into both garages from street

R CODES:
Driveways designed for multiple and grouped dwellings may be reduced
to no less than 3m where it is necessary to retain an existing dwelling and a
passing bay or similar is provided.

Driveways to primary or secondary street provided as follows:
? driveways serving four dwellings or less not narrower than 3m at the
street boundary;
 
Does Minimum 10m frontage mean you can have one block subdivided behind the initial block which has over a 10m frontage?

Or does each block need to have a 10m frontage each ie: Needs to be atleast 20m+ combined?
 
So it would stay R20 to whenever another proposal came about.

Which would still mean it could potentially do the 350 sqm Minimum upto 410sqm (Property is 820 sqm) if current property is situated in the right spot on the land.

Thats if it meets the other criteria of 10m min frontage ect as outlined on pg58.

R20 is a 450sqm average which means you need 900sqm to subdivide.
 
Only saying because i know a 1019sqm block that was subdivided into 3. Was R25 Kalamunda council.

By your analysis you would need at least 425 x 3 = 1275 sqm, which they clearly didnt have.

How is this different?
 
So what is the point in them stating Minimums?

Why cant it be strata?

Just asking questions to get my head around this.

Thanks
Z6

The minimums are for each individual lot. So you could have a 350sqm lot and a 550sqm lot - which averages out to 450sqm each. But you still need to meet the average lot size.

Are you getting confused between R20 and R25?
 
The minimums are for each individual lot. So you could have a 350sqm lot and a 550sqm lot - which averages out to 450sqm each. But you still need to meet the average lot size.

Are you getting confused between R20 and R25?

Nope i understand now.

So i would be doing a battleaxe with R20 whereas the guy in High Wycombe had a corner block with all 3 seperate entries where his was R25 not a battleaxe property.

So where are the recoding dimensions, for non battleaxe lands?
 
Nope i understand now.

So i would be doing a battleaxe with R20 whereas the guy in High Wycombe had a corner block with all 3 seperate entries where his was R25 not a battleaxe property.

So where are the recoding dimensions, for non battleaxe lands?

The Rcodes tables are for non battleaxe subdivisions by default. Even the battleaxe rules only really apply if you're trying to make the back lot freehold - you can just share a driveway and ignore them anyway.

You have a problem if you are wanting to subdivide a 810sqm R20 lot into 2.
 
Only saying because i know a 1019sqm block that was subdivided into 3. Was R25 Kalamunda council.

By your analysis you would need at least 425 x 3 = 1275 sqm, which they clearly didnt have.

How is this different?

R25 is av 350 and min 300 so would require 1050sqm.
So two ways this can be approved.
They either applied for the 5% variation and was accepted
Or in the councils TPS corner lots get a density bonus so maybe its actually r25/r30. Some councils have this some dont.
 
R25 is av 350 and min 300 so would require 1050sqm.
So two ways this can be approved.
They either applied for the 5% variation and was accepted
Or in the councils TPS corner lots get a density bonus so maybe its actually r25/r30. Some councils have this some dont.

Argh okay.

This thread has made me understand the recoding alot more but made me look silly to start with.

It was a 1019sqm property and was a corner block as mentioned so maybe R25/R30.

The smallest block is only 286sqm though - so maybe that means it was R30.

Also the largest property is only 400sqm - meaning it probably had to be R30? - Even though the minimum says 410 sqm.
 
Argh okay.

This thread has made me understand the recoding alot more but made me look silly to start with.

It was a 1019sqm property and was a corner block as mentioned so maybe R25/R30.

The smallest block is only 286sqm though - so maybe that means it was R30.

Also the largest property is only 400sqm - meaning it probably had to be R30? - Even though the minimum says 410 sqm.

Thats the minimum for a battle axe. A battleaxe is a house directly behind a house. If both houses use the same driveway ie 1 crossover then it would be survey strata and the normal minimum and maximum apply. The driveway is comman property and not incl in lot area.

If the rear lot will be green title with its own driveway and crossover then you use the minimum battle axe area from the r codes as the driveway area is included in the lot area.

Its unlikely a corner lot would be battle axe, more likely all street front therfore the normal min and max lot areas would apply. Not battle axe.
 
Thats the minimum for a battle axe. A battleaxe is a house directly behind a house. If both houses use the same driveway ie 1 crossover then it would be survey strata and the normal minimum and maximum apply. The driveway is comman property and not incl in lot area.

If the rear lot will be green title with its own driveway and crossover then you use the minimum battle axe area from the r codes as the driveway area is included in the lot area.

Its unlikely a corner lot would be battle axe, more likely all street front therfore the normal min and max lot areas would apply. Not battle axe.

Green title? What does it mean? How do you know if its green title?

So am i right in assuming that the property must have been R30 if one of the lots is 286 sqm (not battleaxe).
 
Green title? What does it mean? How do you know if its green title?

So am i right in assuming that the property must have been R30 if one of the lots is 286 sqm (not battleaxe).

Basically green title lot shares nothing and not affected by any other property.

Survey strata will normally share something like underground services, a driveway or a wall etc.

Then theres strata or built strata. for buildings ie apartments.

Both different types of lots are created under two different Acts of Parliament. ?Green titled? or Torrens Titled lots are created under the Transfer of Land Act 1893, and Strata lots are created under the Strata Titles Act 1985.

In accordance with both Western Australian statute and common law, the essence of strata title and green title (conventional title, or Torrens Title), is that they are both equal in all respects. Strata title is as secure as green title. It can be bought, sold and mortgaged. Both are ?freehold? titles meaning they have permanent tenure, unlike leasehold, and an interest in land with unrestricted rights of disposal. The use of the term ?green title? is not a legal term but rather a colloquialism.

The main difference for the developer is the government agencies mandatory servicing requirements and conditions for newly created lots.

The Strata Titles Act allows for sharing of access to services and maintenance of such services like water, sewerage and electricity. These services can pass through common property and other lots in the scheme.

The Transfer of Land Act does not allow for implied easments.
 
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