Building on a rural block that is smaller than the minimum lot size

Discussion in 'Development' started by Karl2019, 9th Oct, 2019.

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  1. Karl2019

    Karl2019 New Member

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    Hi
    just wanted to know if it possible to get complying development permission for building on a rural block that is smaller than minimum lot size?

    in detail:
    i am looking at a clear 7 acres block of rural (RU1 zoning), no bush-fire hazard. couple of houses on neighboring lots
    i was reading on the Rural Housing Code that the minimum lot size is 100ha for RU1, i know this is the minimum subdivision area, but what about lots that are smaller?
    what confused me is that it says "For complying development the lot you plan to build a house on must be at least the minimum lot size permitted for the erection of a dwelling house." but then it gives some standards for building on an RU1 > 4000m2. attached is the table, i just would like to know if understood it correctly, it seems i can get a complying building permit even if the lot is smaller than the minimum lot size, given the lot complies with the standards, in the case of 7 acres RU1, there must be a 50m front set back, 15 to the rear and 10m to the sides, which sounds fair.
    thanks in advance
     

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  2. Scott No Mates

    Scott No Mates Well-Known Member

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    Does the block come with building rights?

    That is, in some locations like Byron, although some blocks are smaller than the required area and have been subdivided, they don't have any building rights for dwellings. You can still build a machinery shed or hay store on the land.
     
  3. Karl2019

    Karl2019 New Member

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    it does not have a building permit. its in bathurst region. does it mean that generally it must be at minimum lot size for dwelling erection? that table confused me! thanks
     
  4. Sackie

    Sackie Well-Known Member

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    I'd consult with a local town planner who will be the expert.
     
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  5. Karl2019

    Karl2019 New Member

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    i am just after general information, did not buy the land yet, just collecting information, after pondering on this table again, i think it is obvious that a lot does not have to be at minimum lot size to get a CDC, otherwise why would they put standards to get a CDC in R5 zoning for lots under 4000m2 if the minimum lot size for R5 is 4000m2, that means the minimum lot size is only for subdivision. i am 90% sure but want confirmation. will call the council one day to confirm
     
  6. Scott No Mates

    Scott No Mates Well-Known Member

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    Development Control Plans


    You have to comply with RU1 don't worry about what the other zonings permit as they don't apply.

    7 acres > 4000m²
     
  7. Karl2019

    Karl2019 New Member

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    yes but if you look at the table as well it has rules for RU1 lots that are > 4000m2, so i guess any RU1 lot that is over 4000m2 can get a CDC if the house plan meets the mentioned standards, otherwise this table that i took from this guide is meaningless
    https://buildcert.com.au/wp-content/uploads/2015/06/rural_housing_code.pdf#page=14
     
  8. Scott No Mates

    Scott No Mates Well-Known Member

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    @Karl2019 that wouldn't be the only control to consider.
     
  9. Willy

    Willy Well-Known Member

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    That table does look a bit misleading.

    But if the minimum lot size for RU1 is 100ha then I'm pretty sure you wont be able to get a building entitlement.
    I've done a couple of subdivisions that were rural residential and as long as the blocks were over the minimum lot size they were automatically granted a building entitlement. Didn't even have to apply for one.
    But if they aren't over the minimum lot size you've got buckleys of getting a building entitlement. It's not a case of trying to get a building entitlement, it's a case of either the block has it or it doesn't determined by the minimum lot size.
    Not sure if different councils are any different but I cant see that they would be, otherwise whats the point of minimum lot sizes. There may be houses in the same zoning that are on blocks smaller than the minimum but they may have been subdivided previously under a different zoning.

    Willy
     
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  10. Scott No Mates

    Scott No Mates Well-Known Member

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    @Willy - that's what I was getting at in my opening response, I used the incorrect term (should have been 'building entitlement' rather than 'building rights'. I dealt with that issue years ago on a site in Byron Shire, owner could erect all kinds of structures on the land except dwellings.
     
  11. Willy

    Willy Well-Known Member

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    And if you want to get really sneaky you can build a "weekender" or "workers quarters" that you are only allowed to stay in for a certain number of nights at a time that probably wont be checked up on as long as no one complains. Just don't put up a clothesline, apparently that's the giveaway!

    Willy
     
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