Hi all,
I’m looking for any pointers that will assist me with my situation:-We currently hold a large Queenslander on a double block in East Brisbane. It is in a DCP area, and the word I have always heard is that the Council is unlikely to allow it to be demolished/moved. On the other hand, we know that other neighbours) have been able to do this in the past. The recent release of the Brisbane Plan might have tightened up such things – or has it? Our phone has been ringing off the hook since mid-July asking if we want to sell – and all developers.
Agents are starting to talk bigger $$ ($100k+ more) than we were being offered late last year – so what has changed?
If indeed we look to sell to a developer, is there any chance that we could turn over the DCP ruling (to fetch even more $$ by selling an unencumbered block of land)? Any pointers re “What has suddenly changed” in the market, or indeed “Pointers for overcoming DCP restrictions” would be very welcome.
Thanks in advance for any ideas,
Benny
Hi Benny
Could be possible. I have got a number of demolitions through Council or through the Planning and Environment Court on appeal. If you are happy to email me the address [email protected]
I will reply through here (sans identifying information) so that we can discuss the key aspects through the forum.
RPI | Certus Legal Group / PRO Town Planners
http://www.certuslegal.com.au
Email Me | Phone MeProperty Lawyer & Town Planner
Hi Benny,
This is the key, “On the other hand, we know that other neighbours) have been able to do this in the past.”
Freedom of information laws will allow you to access exactly how they did it and who helped them in terms of professionals. Apply through council.
It will cost you the cost of photocopies.
Once you have the info then look for some skilled pro’s. Trying to do it on your own would be hard first time around.
Hi RPI and Don,
Thanks to you both for your replies.RPI – I have emailed you as requested. By all means reply (without ID) on forum. It is a subject others could do with knowing more about. Whatever you can add would be welcomed.
Don – a good point about FOI. That is not an area I have trodden – any pointers re “getting started”? Does FOI allow me to discuss someone else’s property that was sold about 7 years ago? Interesting point……
Thanks again,
BennyNo FOI needed
Just do an application search on the streets in your area
http://pdonline.brisbane.qld.gov.au/
RPI | Certus Legal Group / PRO Town Planners
http://www.certuslegal.com.au
Email Me | Phone MeProperty Lawyer & Town Planner
An argument was successfully made that the house up the road didn’t contribute to the character of the street. The large unit block would have assisted that. Your house however is in a group of pre-1946 dwellings and would be a much harder argument to make.
It is in the traditional character building overlay of the new city plan and the neighourhood character significance sub-precinct.I would suggest it would be quite difficult to remove if not impossible. Probably a court case and then could be iffy.
By my rough calcs you have a 238m2 per-1946 site coverage at the moment and are allowed a 364.5m2, so only an additional 126.5m2
RPI | Certus Legal Group / PRO Town Planners
http://www.certuslegal.com.au
Email Me | Phone MeProperty Lawyer & Town Planner
Hi RPI,
Many thanks for the quick response. Could you expand on this comment please :-By my rough calcs you have a 238m2 per-1946 site coverage at the moment and are allowed a 364.5m2, so only an additional 126.5m2
I’m not sure what you just said… Are you saying only 126.5m2 extra land could be utilised for any extra dwellings if a someone were to purchase/build? Or does your comment mean something else entirely?
Given that it seems the house might have to stay, could its size be reduced from the rear, allowing more free space to build other homes (but retaining the front, and thus the street appearance)?
Could the internals of the house be re-jigged to produce two flats within the walls of the house without impacting DCP? I might be grasping at straws here – sorry – just trying to learn a bit more.
And thanks,
BennyLooking down on the aerial shot is the site cover, so you could have 2 or 3 levels at 126.5m2 per level.
You could convert the front house into 4 – 6 units by raising it and building underneath (based purely on size , not layout that works) Looks like it has a large side verandah so my guess would be 4 not 6. Can’t demolish infront of the ridgeline so demolition of the rear is proabably an issue.
RPI | Certus Legal Group / PRO Town Planners
http://www.certuslegal.com.au
Email Me | Phone MeProperty Lawyer & Town Planner
Hi RPI,
Based on the numbers, it seems only 45% of the land can include housing. What about garaging – can they be separate and take up more of the land? Or would they have to be underneath to stay within the 45%?As this block is (I believe) LMR2, is that two levels of living, or two levels including garage under?
Thanks for all your answers,
Benny
Hi Benny,
every development site with old house which has to be kept is challenging, to put it mildly. Majority of the experienced developers (who DO make profits) would stir clear from it. Or expect a bargain. Have you got any offers on it? If you can sell it for what agents tell you that you can get, sell it. It is purchaser’s task to perform due diligence.
You can always assess your options if dollars offered are much less of what you expect, because of demolition restrictions.
To assess development potential and put draft feasibility together, you really need at least basic sketch of what fits on the site. 126.5m2 available has to provide for garages, as well. Plus, converting the house in units would trigger requirement for more car spaces.
To convert old Queenslander into units is much more expensive than ordinary reno, because of fire rating requirements.
In situation like this sometimes is more profitable to subdivide the house and on-sell the remaining land, despite the zoning.
New City plan may give you that option now. If you have 800m2 (I am guessing), rear lot may be possible?
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