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Check You Local Environmental Plan!

Discussion in 'Development' started by AndrewTDP, 18th Aug, 2015.

  1. AndrewTDP

    AndrewTDP Urban Planning Consultant Business Member

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    I've been having quite a few conversations around this one.

    For those in NSW, there is more to subdivision than just the Minimum Lot Size Maps listed in your LEP.

    For example, I am currently dealing with someone who was looking at a granny flat because they couldn't do a subdivision as they couldn't meet the 700sqm minimum lot size for both blocks of land.

    Hidden deep within the Standard Instrument LEP is an option clause - some Councils have put it in. Others haven't.

    In this particular instance the lovely, hidden clause that doesn't appear on a Section 149 Certificate allowed for a minimum lot size of 400sqm for a new lot (instead of 700sqm) if the subdivision application was lodged at the same time as the dwelling design. This allows for Council to assess the potential impacts of the dwelling alongside the subdivision.

    Result for the client, as they were able to get a new, 4 bedroom torrens title house, that they could rent (at $450 pw according to the estate agent), or sell (at $540k), instead of just a granny flat in the backyard that would only give them a little bit extra in rent a week (around $280).

    So, always do a little bit more digging in to what you can and can't do - there are lesser known clauses that can be incredible beneficial in adding value to your investment property.
     
    Terry_w, drg86, Esh and 7 others like this.
  2. t3t5ujin

    t3t5ujin Active Member

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    Thanks for sharing! Very useful!!!
    How can I find this clause? What keyword should I search for to determine if this clause exist?
     
  3. Azazel

    Azazel Well-Known Member

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    Interesting. Which council area was your example in?
     
  4. AndrewTDP

    AndrewTDP Urban Planning Consultant Business Member

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    Trade secrets ;) :p












    It's within Clause 4.1. Cand be A B or C depending on LGA.

    Wyong is the example used. Also applies in Newcastle as an example but before the inevitable question it doesn't apply in Blacktown. It's something I can check in a couple of minutes if people are keen.

    Some estate agents are unaware of it as it does not get shown on a S.149 certificate or the minimum lot size maps. It can add substantial value to a parcel of land.

    But you also need to consider the access handle as that is not included in calculations of lot size.
     
  5. Esh

    Esh Well-Known Member

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    Hey AndrewTDP,

    Funny you say Wyong. Can i take you up on an offer? I know someone who is looking to purchase a property in Wyong
     
  6. AndrewTDP

    AndrewTDP Urban Planning Consultant Business Member

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    Sure. PM me details and I'll check when I'm back from Melbourne.
     
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  7. Scott No Mates

    Scott No Mates Well-Known Member

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    Saw this on an inner-city LEP, 500m2 minimum but... if outside of heritage area & minimum of 7m frontage (each) & ... it's a 200m2 minimum @ 0.7:1 fsr. :)

    You just have to know how to read the LEP and the maps.
     
  8. Zak

    Zak Well-Known Member

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    Scott - what does 0.7:1 means?

    I read the LEP but cant make it out. Sometimes iam not sure if some of these plans are in English hehehehe
     
  9. AndrewTDP

    AndrewTDP Urban Planning Consultant Business Member

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    Refers to the Floor Space Ratio of the site. If it is 0.7:1 it means, for example, if you have 1000sqm of land, you can have development that contributes to the Gross Floor Area on 700sqm of the site.

    Gross Floor Area is defined as:

    gross floor area
    means the sum of the floor area of each floor of a building measured from the internal face of external walls, or from the internal face of walls separating the building from any other building, measured at a height of 1.4 metres above the floor, and includes:

    (a) the area of a mezzanine, and
    (b) habitable rooms in a basement or an attic, and
    (c) any shop, auditorium, cinema, and the like, in a basement or attic,
    but excludes:
    (d) any area for common vertical circulation, such as lifts and stairs, and
    (e) any basement i) storage, and (ii) vehicular access, loading areas, garbage and services, and
    (f) plant rooms, lift towers and other areas used exclusively for mechanical services or ducting, and
    (g) car parking to meet any requirements of the consent authority (including access to that car parking), and
    (h) any space used for the loading or unloading of goods (including access to it), and (i) terraces and balconies with outer walls less than 1.4 metres high, and
    (j) voids above a floor at the level of a storey or storey above.
     
  10. Zak

    Zak Well-Known Member

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    cool thanks Andrew.

    So following your example. Max Gross Floor Area is 700sqm.

    So for the two storey house - ground level can build approx or less than 350sqm & 1st floor can build approx or less than 350sqm which equals to 700sqm?

    is this correct?
     
  11. Scott No Mates

    Scott No Mates Well-Known Member

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    Zak all subject to the other planning controls. Eg. Building envelope & may have a 10m height limit, so you might have to be spread over 3 floors.

    @AndrewTDP - does single resi come under the same control for gfa ie parking is not counted?
     
  12. AndrewTDP

    AndrewTDP Urban Planning Consultant Business Member

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    Plus also making sure that you meet the site coverage requirements, which may restrict you to 300sqm. Plus setbacks. Plus Private open space. Plus landscaping. Plus. Plus. Plus.

    It's actually hard sometimes to approach the max FSR for a site - schematic design is really the only way of calculating realistic rather than potential yield.
     
  13. Zak

    Zak Well-Known Member

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    sorry for the dumb questions but the 700sqm covers both the horizontal foot print and vertical walls to meet less than 700sqm?


    for example

    Horizontal (foot print) 2x 300sqm = 600sqm

    Vertical (walls) cover 100sqm

    Total = 700sqm.

    Is this correct?