Forum Replies Created
That information isn’t applicable to Victoria, you need a planning permit except for in the circumstances I mentioned previously.
Hi Sinders,
A granny flat is so called as it is considered to be temporary accommodation for someone who is dependent on the occupants of the main home. In many areas of Victoria, including in residential areas in Melbourne a granny flat is allowed without a planning permit. However the catch is that it is supposed to be temporary and used as accommodation for a dependent person. Anything else is just a house and if you put more than one house on a block you need to apply for a planning permit.
Regards,
Perhaps another way to look at it is that these companies service people who don't want to or don't have time to be involved at all. I think Christian hit the nail on the head with saying that they would most likely play it safe with the proposal. It isn't too hard to look at a block and see that a unit development is possible, the harder part is working out how much can fit on!
I seem to recall seeing past posts about this company, so it might be worth doing a search to see if you can find them if a one stop shop is what you prefer.
Regards,
Hi Gavsam,
As mentioned above, it is really hard to know at this stage how it will all come out. I believe the intention is for the new zones to take the existing information from zones and policy (such as neighbourhood character) and make it easier to see what type of development is wanted in an area, without needing to read the whole planning scheme.
How it might work::
Your area was one where medium density was encouraged (or should be due to closeness of services) then this should not change with the proposal as the new zoning that would ultimately be applied to the land would reflect what was previously encouraged (or should be).Also, after the new zones are formalised (and this could take a while), the councils will then spend some time deciding how to apply these (they have 12 months). So as for timing it will probably be at least 2 years before this is fully implemented (if it goes ahead).
Regards,
MelanieHi Monique,
- With regards to your search it may be that the online register is not complete (i.e. it doesn't go back to the start of records), or the record may not have been inputted (or they could be lost). You can ring the council and speak to the town planning department to see if there are any other records. This can be done on your behalf by a representative (since you mentioned you were overseas).
- If you get a permit approved by the Council the next step will be to apply to the titles office to have the covenant removed. Planning permits have a time limit, which is usually 2 years to start something. Once you act on the permit and get the covenant removed then that will be it, it's permanent. As for timing, it is worth noting that this process can take time.
- No you don't have to be in the country to lodge an application.
- Well, removing a covenant via a planning application has a set process with fees that can be defined at the start. Generally when people spend a lot on this process it is due to multiple attempts or by going to the Supreme Court.
Regards,
Hi MonDan,
No problems. Ashley is quite right that any planner can assist as we work Melbourne-wide (and thanks for your comment Ashley). It sounds like it has a bit of a history! The "test" to getting a covenant removed can be a bit of a hurdle as if a beneficiary states that they will be negatively affected and it is not seen as vexatious then council will often refuse the application. Of course this is very general advice and I would start by seeing how many beneficiaries and the location of them. If you have a copy of your title and plan of subdivision you should be able to get some more specific advice.
As an aside you can also check the history of your property with regards to previous planning permit applications by contacting the council or going online and searching the planning register on Stonnington's website (http://www.stonnington.vic.gov.au/residents-and-services/planning/planning-register-online-disclaimer/).
Regards,
Hi MonDan,
Historically you could build and even get planning permits without anyone checking whether there were covenants on the land, but that changed a few years ago. I even know of a case where they got a planning permit before the legislation change, but didn't build in time and now they can't build unless the covenant is removed/varied.
Basically there are two avenues: local council planning application or supreme court, obviously a lawyer is needed for the court option but isn't necessary if you go through the council. The basic process through council is that they will advertise to the beneficiaries and maybe to your neighbours. If there are any objections then most likely to covenant removal won't be supported.
I would start by looking at your plan of subdivision. The other lots on your plan are likely to be the beneficiaries of the covenant (or at least some of them depending on when they settled). Also, many of the covenants that I have seen give you details such as who and when it was put on, so that might give you some information about your last question.
Are there views at stake, as that has been the only time I've seen single storey covenants before? If there aren't many lots and it isn't about views it might be worth talking to them first, before lodging an application.
Best of luck,
Hi,
Whether you want to build a house or not, you may still need to submit house plans with the council. Given the size of your land you may just be able to split the block, but it depends on the council and the planning controls. I would talk to the council about your idea and see whether you could just apply for a planning permit for subdivision, or whether you will need to apply for a development and subdivision. You would then have some idea of the scope of the project. A lot of the blocks in Melbourne aren't large enough to be subdivided without house plans being approved, which may be one reason people are doing the development.
Good luck with your project,
Hi Mike,
Make sure that you get an arborist, not a tree lopper. Maroondah has several arborists that assess tree applications and will not accept advice from anyone who is not qualified. You will also want to check if there are any neighbouring trees that could be an issue. Maroondah won't approve anything that they believe will harm a neighbours tree. With the dead, dying or dangerous classification what the Council used to suggest was that you get an arborist to look at the trees and write up a quotation, saying that the trees need to be removed for one of those reasons (assuming that is the assessment) so that you only have to pay for the removal not the assessment.
It is also worth considering that Maroondah have more restrictive development requirements (reduced site coverage, larger open space) to allow for trees in new developments. If the trees were classified to be removed they would probably want at least this number of trees replanted.
Good luck with it.
Ok, well I'm a planner in Victoria so I can help with zoning information. For the type of development you were talking about any residential zoning would be possible. Res 2 is broadly used by some councils to indicate "higher density" areas, but units are not prohibited in the other residential areas just controlled.
In that area I would say that a big part of what can be achieved for any given site will have to do with actual site constraints, which goes back to the list that Fredo-4305 wrote.
Feel free to contact me if you want to discuss further.
Regards,
Hi,
It would be useful to give a location/state as planning is state based and then people from that state would be able to give you some advice about zoning.Regards,
First step in researching a particular site would be to see if it is broadly possible, so check if there is a covenant on the title restricting development on the lot and then find out the zoning/overlays covering the site. From there have a chat to a town planner (council or private) or read up on the restrictions/requirements for those zones and overlays.
If you don't have a property in mind yet, I would probably start by honing in on an area or two and researching them to work out if there are preferred development areas etc to determine where best to start looking. It will probably be useful to talk with both a town planner and a building designer/surveyor to get different ideas on site and area characteristics to look for or avoid.
Regards,
Hi Maternic,
One thing to know is that for the size of land you are talking about you will have to get house plans approved before you will be able to subdivide. As Mike said, first step is the speak to a planner to see if it is possible then from there a building designer. I do quite a bit of work down that was so can connect you to some designers I work with if you want, just send me a message.
Regards,
In the case that we were talking about above the zoning hasn't changed (just my assumption but this is how it usually is). There are a number of uses such as medical centres, childcares, milkbars etc that can operate in residentially zoned areas. Basically the zone is residential and a planning permit is granted for a specific commercial use, the zone is not changed just the use of the land. At any time if you wanted to you could convert back to a house without having to involve the planning department (not sure about other departments eg building) as a house is still an as of right use.
The other part of your question about renting is outside of my area of expertise but I'm sure someone here will be able to help you.
Cheers,
Hi Tajone,
With the size of land you are talking about you are first going to need house plans to be approved. Assuming that something is approved your options are:
1. Build and subdivide.
2. Subdivide without building which usually entails having the house plan tied to the new title (really only for people who are looking to sell part of their land).
3. Build and leave both houses on the existing title. This means that your parents own both houses and you could live in one (rent it out probably) but it wouldn't be your asset so would be protected.Now there are obvious cons to the third option, but I thought I would point it out as it may be suitable for you. As for the subdivision being difficult, well from my perspective of seeing and handling many applications through Council I would say that getting a development approved is by far harder than a subdivision (with a development already approved) in most cases. Not to say that all small developments are hard, just that they are more likely to encounter problems than a subdivision (with an approved development).
Some Councils provide better information than others, so it may be worth looking to get advice from either a designer or private planner. As I'm located in the southern suburbs I don't know anyone out your way to recommend unfortunately.
As Luke says above, for the other questions sounds like some good legal advice is what you need.
Best of luck with your project
No problem!
jdawson is right, the zoning is most likely still residential but a permit is issued for a commercial use. Only some uses are allowed in a residential zone, this includes medical centres and milk bars. The most common non-residential conversion is probably some kind of medical centre (this includes dentists and other therapies like physio) and the council will review each application on a case by case basis.
Regards,
I like your idea on the region centres, Christian.
I worked in Moreland CC for a while. From memory there might be areas that the Council is looking to redevelop for mixed use/housing so it might be worth talking to the council or getting someone to investigate potential suitable areas. I think that it might be easier to identify potential areas first and then try to acquire the property (maybe even directly?). Actually I just had a quick look and yes, Moreland have categorised their industrial areas into four categories including ones suitable for mixed use or residential development. It is probable that some of these areas have not been rezoned because until someone is ready to develop the council is happy for it to stay as is. However these areas will be time consuming to identify. so as Christian says it may be easier to go where the conversions are already happening.
Hi Anthony,
In terms of the most common zones in Victoria the ones that allow houses are the residential zones, mixed use zone and business zone (though there are restrictions in this zone). You can find out the planning controls by looking up the relevant planning scheme here http://planningschemes.dpcd.vic.gov.au/index.htmlHaving done some work in Yarra (which is one of the councils that have these old warehouse buildings) you need to check the zone to see what can be done. Many of these areas are still industrially zoned and living in them is prohibited.
Good luck with your project
I don't have any personal experience with these types of companies, but as Ian said it is worth getting some information to compare costs. These types of companies will need to make a profit of course, you just want to make sure its a fair deal for you!
Also it is worth noting that depending on the size of your property and the area it may not be as simple as just doing a subdivision. In Victoria at least Council's generally require development plans if the new lot is less than 400-500sqm (varies between councils).
