Does a subdivision extinguish a ROC for a newly created lot?

Hi all

I live on a long battleaxe block in NSW. The driveway access to my block is on my title, though it is also burdened by an ROC benefiting the lot in front of mine. Recently, the lot in front with an existing dwelling was sold and the new owners wish to subdivide the block. To do this they are hoping to use the existing ROC to give access to the new lot, situated between the original lots.

Does anyone know if the existing ROC can be used in this way? I would have hoped that a new ROC would need to be agreed due to the change of use from one lot to two?

I am not in favour of this as it would mean more cars on my driveway. I also have a large lot, which if I chose to subdivide further in future may be hindered as it would mean there would be 4 houses on the one driveway.

Does anyone know if I can refuse an ROC to the newly created lot or is it automatically applied as it was part of the old benefited lot?

many thanks for your thoughts

 

What is a ROC?

Have you talked to the duty desk at council? They are usually open in the mornings.

You could also talk to a Town Planner in your area that may be able to give you a better idea.

What suburb is the block in? You could perhaps have a look at the LGA council DCP and LEP to see what they say in this regard, but it sounds very specialised.

Regards,
Arc

 

I'm assuming Right of Carriage which is an an easement of burden on the OP and an easement of benefit on the front lot giving them rights to use it for access to their block. I would expect that the rights will carry through with the subdivision but it's best to consult a town planner about it.

 

I assume ROC = right of carriageway?

I assume the right of way can transfer to a subdivision given it is in favour of the existing lot

But I again assume it depends on your council requirements

... the battle axe block (yours) generally can't subdivide/duplex in most councils ...

what council are you in and have you read the LCP/DCP

 

I looked into this a few years ago when we subdivided our now ppor, and we have a shared driveway with our neighbour (with reciprical carriageway easement rights), and they objected to us doing the sub.

The rights carry with the land, even when a subdivision occurs. I also found case law that supported it.

Do you find it hypocritacal that you want to stop your neighbour from doing a sub, but want to do it yourself later?

Instead of taking a combative stance with your neighbour, why dont you sit down with them and tell them your plans. You could look into what needs to be done to the driveway to accomodate the increased traffic (from your neighbours and your future sub), and make the changes to the driveway (possibly you put some money into it) as part of their application. In return you could offer written support for their application that you could provide to the council officers deciding your neighbours apllication. Win win.