All,
I have a corner block with a old house in it, my plan is to knock it down and build a four bedroom house at the front and another 3 bedroom one at the block(strata titled). Since it’s corner block, both will have it’s own entry. Plot size is about 552 sqm.We recently did a pre-DA with council and we were told that as per clause 4.6 to do a dual development the plot size has to be atleast 560 sqm (ours is 8 sqm short), we got the below information
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Clause 4.1 A of the Strathfield Local Environmental Plan 2012 (SLEP 2012) requires an
overall site area of 560m2 for a Dual Occupancy development. The subject site has an
area of 551.8m2, contrary to the requirement of the SLEP 2012.
Under Clause 4.6 of the SLEP 2012, variation to the above development standard could
be sought by demonstrating:
(a) that compliance with the development standard is unreasonable or unnecessary in
the circumstances of the case, and
(b) that there are sufficient environmental planning grounds to justify contravening the
development standard.
Notwithstanding this, Council is highly unlikely to support a variation to the above standard for the fear of setting an undesirable precident.
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Council people also told us in the meeting that previously people successfully challenged this clause but needs a letter from reputable planner that my property meets above criteria and therefore exempted from the clause.
My architect & planner tells me that being in the corner location and having an existing driveway on to the main road(so comparitively easy to get another drive way on to other road) and being only 8 sqm short are very valid reasons and we should go for full DA.I want to know if any one had a similar experience and what was the outcome as going for a full DA is a costly process.
Thanks in advanceDevelopment polices are only put in place as guidelines. You can submit anything you want to council but the majority of the time if you play within the rules bar like 1,2,3,4,5 different things then the merit of the proposal out weighs qualitative measurements like being 8sqm short. As if the block is still able to be a functional and usable home then it outweighs those small discrepancies.
Even a average planner will be able to write a 2-4 page cover letter addressing your DA, that would grant you approvalFull DA shouldn’t be that costly.
2 homes – 2-3k plans
1k-1.5k for a cover letter from a town planner
$500 for a contour plan
$500-700 for council application feesThanks Wilko.
It’s costing me about 7.5K+GST(including Hydraulic engineer & landscaping). My worry is the wording council used in pre-DA; it says it’s highly unlikely to support the variation to stop setting the precedent.
You need to get into contact with a good independent town planner. They will put your fears at rest and be able to give within reason sound advice. Look for someone located in that area as most likely they have put in applications before on behalf of clients and will have a idea already if they can get away with it.
I wouldn’t say this is a rule. But if a area is zoned ie 280sqm for min block size. Each block is gonna be 276swm. That’s a very small percentage less then the original. I personally wouldn’t be worried but I would submit with a covering letter from a planner to alleviate your concerns. Most planners have post graduate studies and are smarter in a planning sense then the average planner that works for a council getting 60-70k a yearThat price is about right as well. Savings can be made with your landscaping plan. Usually I do that myself as some can charge $500-700 for landscape drawings
Thanks Wilko.
I was in 2 minds whether to try or not but positive side is huge as the properties in this area is appreciated by more than 20% in last 12 months; so I decided to give it a try.
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