I brought a property 1 year ago which I am trying to strata title, the original owners developed the rare of the block with a second house .
The council are stopping the subdivision because the driveway is 300mm not wide enough in one section where the drive narrows to go through the front gate and the footpath area (cross over) concreting does not conform to council profile requirements so needs to be removed and done again!!!!!!!!!!!!!!!!!!! although quite function.
Does the responsibility to rectify the footpath area lie with me or the previous owners (who I brought the property from under the impression that the development conformed to council requirements) or the contractor who did the original work???Unfortunately, I think it was up to you to determine what was and wasnt up to scratch. Try checking your contract and see if it states if all works were approved, if so you may have recourse, if not then…………….
What was the advice of your sol/convey.at the time?
Good luckk
MickThe crossover may have been the original one that may have complied with with the profile required when it was poured. I would have thought that if it is existing then it should be allowed to stay.
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If the original owners were not subdividing then they may not have had the same restrictions imposed as you are getting as your request is different. For example, I am currently building a duplex behind an existing house, and subdividing them off. As such, I need to have a 6m driveway to the rear duplex and subsequently have to move the power pole to accomodate this. There is already a 3 m one exsisting in the same place, the unit development next door has only a 3m one, but in the interim, rules have changed. Maybe something similar occured in your example. And by the way, if I was not subdividing them and only putting a single dwelling behind (ie granny flat) then I would only need a 3m driveway).
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