Hi, Planning to buy a house but found out that there is a big conservation area closely. I have attached a photo from council website (red area is conservation area and the black circle is the house position) 1. Is it dangerous that this house might be taking into that conversation in near future? 2. If I lodge a DA to demolish this and re-build a new house, will it be affected if the house has suddenly been taking into conversation by council? Until what stage that council cannot stop my DA (after DA approved? construction started?)
The risk is by demolishing a character house and replacing it with a modern house you will not maximise the value compared to extensive renovations. Until legislation is passed eg new LEP or DCP there is no control over demolition. Check whether there are restrictions on fringe areas or houses which may be listed in the schedule.
Conservation area usually is either a land reserve or a special zone area reserved by council. Nobody can predict the future, but chances that your lot be incorporated to a conservation area is very slim. Once land is registered it is not an easy task for council (or anyone) to claim it back as its now a private property. They will need to buy it back somehow if it does happen. Btw, council in my knowledge can't unapprove their approved DA. Its a legal documents until it lapses or replaced with new DA or modifications or DA There are other areas of concern that you should focus more on, as these usually exists near conservation areas, incl Bushfire and Flooding, and Riparian Setbacks or other regulations that will restrict your DA application for maximum footprint allowed.
