Boundary change - Buying part of your neighbours land

Question for the planners here.

Can you purchase part of you neighbours land and move the boundary line legally?

I have a property on a bit over 700m2 that I could potentially subdivide if I can get access to the backyard. Currently there is about 4m between my place and the neighbours, however the boundary is about 1.2m from the side of my current house. If I could purchase land from the neighbour and move the boundary over so I have 3m, a driveway could be put in to sub divide my lot and build another place at the back if that meets planning approval? (Newcastle City Council)

While on this topic am I correct in saying it is 3m you need for access/driveway?

Can it be done?

 

1.
Yes. You can do a boundary adjustment as exempt development. However, the min. you can locate the new boundary from their wall is 900mm generally. Or just do it as part of the DA.

2.
No. You need 3.5m under the Newcastle DCP (Section 3.01).

 

Yes as Andrew suggests it is possible. You now have to do the calculations on whether there will be enough land available for purchase to satisfy the requirements. It would also be good at this stage to list any other potential planning constraints that may apply to the property.

 

Thanks for your answers guys. 3.5m makes it not possible leaving the current house in tact and at least 900mm for the neighbour.

Is it only 3.5m to have a completely separate subdivision, i.e. battle-axe block?

If it was townhouses do you still need the 3.5 for a driveway?