Hello all,
Does anyone have experience in getting property rezoned? I am looking at a residential home (vacant) that is zoned Light Industrial. I want to use it as a residence/ professional rooms, which would require rezoning to General Business. Under the current zoning, on the contract of sale it lists banned developments under industrial zoning, of which professional rooms/ medical practice is listed.
Directly across the road all homes are General Business, as is the home 3 blocks away. Real estate agent tells me if property is within 25m of a different zoning, it is not too hard to change.
I will be off to Council on Monday to ask further questions!
How long do rezonings take on average, & cost?
If I were to make DA approval part of the contract of sale, and it is refused before settlement will I get my deposit back?
(Or should I get it approved before exchanging contracts?)
Thanks,
Kara.
Hi Kara
This is very Council specific. Can you tell us the Council
RPI | Certus Legal Group / PRO Town Planners
http://www.certuslegal.com.au
Email Me | Phone MeProperty Lawyer & Town Planner
Hi Kara,
You are probably looking at 2 years plus if it is in Victoria. It's also very difficult to get a single block rezoned, unless its very large and suitable for chopping up. The reason for the length of time is that it is not ultimately an issue for the council (in Victoria anyway) it is a State Government decision, although the council does have a significant say, especially early in the process.
Regards
Thanks both,
I contacted the council on Monday, they are known for being very slow to reply/ make decisions. I rang on Wed to be told the person I was told to contact was "out of the office" this week. Will see if I can speak to somebody tomorrow.
The council is Kempsey Shire, NSW.
If it's a 2 year wait I won't be buying this property, it would be quicker to build & put in a whole new D.A.!!
Will keep you posted,
Thanks.
How did you go with your valuation?
Regards
Shahin
TheFinanceShop | Elite Property Finance
http://www.elitepropertyfinance.com
Email Me | Phone MeResidential and Commercial Brokerage
Hi Kara,
Interestingly enough we were engaged by Kempsey Shire Council to write their draft LEP. Unfortunately you just missed the boat with putting in a rezoning application under the exhibition period. This would have saved you alot of time and money.
In a nut shell, a rezoning application requires you to provide justification as to why the land should be rezoned. This is usually in the form of a Town Planning Justification Report which will give Council the necessary information to determine if the submission has strategic merit and can then put in a formal planning submission to the Department of Planning and Infrastructure.
It is not uncommon for fees to be in excess of $20,000. Fees are dependent on individual site merit. Being an industrial site you will require a contamination assessment as a minimum. Timeframe you are looking at 6 months minimum (more likely 12 – 18 months).
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