Council setback

Hello, I was wondering if there was anyone on here that can provide me advice on property setbacks? My house is built backwards so what should be the front is considered the side and vice versa hence the council have told me I have to have a setback of 9m instead of 3. Is there any way I can argue this as this information is now stopping me from extending to make more room for my family. I only want to build an open carport/ garage.
Any advice would be greatly appreciated.
Thank you

 

The LEP and DCP will provide the guidelines which you need to comply with. They are on line and easily accessed. If you require more detail you may discuss with town planner as planning rules may have changed, the council officer's interpretation may be incorrect, there may have been some exemption granted in the DA for your house, the stars may have been too bright one day and blinded the person reviewing your application.

 

Have you sought out a carport/shed builder in your area, they will be able to give you an idea of what can be done based off council and private certifier.

honestly, I'd take what council say with a grain of salt and seek out a private certifier.

 

Unfortunately where I live the first and last decision maker is the same person and let’s just say he is a law unto himself within the Shire. he is known to drive past houses and watch them build something wrong, wait till it’s finished then tell them to pull it down.
I have spoken to some builders and they believe I am correct in saying that the frontage of my house is the front, it faces the main road, is where my garage and driveway is etc however I have been told this is considered the side of the house hence my setback problem. Has anyone ever had this issue before, I am on a corner block.

 

There are special written rules for corner blocks. The council staff will be constrained by those rules unless you can get a dispensation.

I wouldn’t believe any local sob stories - from builders or owners. If they had built according to their permits, they would have been fine and not required to demolish anything.

What Council are you in?

 

Engage an expert ( and competent) town planner or PC to investigate all options. Then you'll even the playing field with council .

 

Sometimes permits can be a little vague or their interpretation on certain aspects subjective. That's where council can say nup, we ain't happy with XYZ.

Owner: But sir, we did as it said.

Council:No it says this.

Owner: Where??

Council: That's our interpretation.

Owner: Wish we bloody knew!

Council: Tough. It's obvious isn't it?

Owner: F@##$_&&

 

I am in Gippsland, what arguments could I put forward to get a dispensation? I know the setback goes on the neighbors property and that is at 15metres, so we have to have 9m, we want 5m, there is no other neighbour on the opposite side as it is my house being a corner. The neighbors driveway is on opposite side and the garage could be built behind what is currently on my boundary being a double gate when has been there for years and years but now I’ve been told that it is an illegal structure. I have only lived here for 1.5yrs

 

Certainly understand and appreciate rules but I also believe there has to be common sense as if where I want to construct the garage could be viewed as it is, which is the side of the house I would have no issue as the setback could be 2-3m, not 9.

 

Sorry who is LEP and DCP please?

 

A Development Control Plan (DCP) is a document prepared by the Council which provides detailed guidelines which assist a person proposing to undertake a development. A DCP must be consistent with the provisions and objectives of a Local Environmental Plan (LEP)

 

If anything isn’t clear then the builder can ask before building.

Instead, what some do is build something they know is likely or possibly wrong and hope no one notices - and then try to plead innocence when some one (council or neighbour) does notice ...

 

More likely ignorance.

 

In Victoria there is Rescode for setbacks: https://www.planning.vic.gov.au/__d...l-Development-Standards-ResCode_June-2015.pdf
This states that either street can be selected as the front street for a corner block (pp 3-5).

Note: terminology differs between states so acronyms used by other posters may not be exactly the same as used in the Victorian planning system.

Have you approached council for advice or asked advice from a private surveyor yet?

 

Everyone is guessing in the dark wearing a blindfold.

A site plan, council area & proposed location of the carport may help everyone understand the situation.

 

Thank you so much for explaining that.

 

I have approached the gentlemen at the council and he won’t waiver from what he determines is the front. Not a private surveyor as yet, this will be next on the list.

 

This council gentlemen is known to drive past peoples homes on his radar on a consistent basis for months and months just waiting for something to happen.

 

Hi, hate to be a pain but can you pls screenshot exactly what it says about either side can be street front for me? I have read and must be having a moment as I cannot find it. This could be my ticket

 

Pay for an hour or two of a town planner's time.