Duplex definition allowed/not allowed

Discussion in 'Development' started by SLM, 27th Apr, 2018.

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  1. SLM

    SLM Member

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    My council does not have Duplexes as allowed type of dwellings, I was wondering how do they tell from DA plans submitted it is going to be Duplex or not, what definition do they use. Can they stop me from building one?
    What if I take standard Duplex plan, adjust it say put a internal door or a gap between 2 self contained units, which can be easily closed after construction?
    I have no plans to subdivide it or rent second part out, it is for me and my parents.
     
  2. RPI

    RPI SDA Provider, Town Planner, Former Property Lawyer

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    Do they have any of
    auxillary units
    secondary dwellings
     
  3. Scott No Mates

    Scott No Mates Well-Known Member

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    Is an attached granny flat an option?
     
  4. SLM

    SLM Member

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    Granny flats, yes they do allow, but requirements is 60sqm. My issue is I want 2 identical house parts for 2 families of relatives, each part has to be 3 bedrooms each. Attached dwellings seems not in the list:
    Here is what they allow for my R2 zone:
    http://www.hornsby.nsw.gov.au/__dat..._Oct-2017_excludes-AM-493-Child-Care-SEPP.pdf

    There are plenty of examples in our area where people taking standard 2 storey house and split 1st and 2nd level for 2 families or AirBnB or take L shape house and put some temporary wall in between.
     
  5. RPI

    RPI SDA Provider, Town Planner, Former Property Lawyer

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    In Brisbane, they could be classified as a single dwelling if you had a door in the middle and it was always occupied by related parties
     
  6. Marg4000

    Marg4000 Well-Known Member

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    Two kitchens may be a giveaway!
    Marg
     
  7. Anthony416

    Anthony416 Well-Known Member

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    Hornsby Council are being tough at the moment and if some in the area are doing the split I doubt it would be legal and they may eventually get found out. I am actually helping a client now who was dobbed in by a neighbour to Hornsby Council.......
     
  8. lightbulbmoment

    lightbulbmoment Well-Known Member

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    Why and how was he dobbed in?
     
  9. SLM

    SLM Member

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    That is interesting, my idea was to put only temporary gyproc wall, no structural changes, if your cousin family lives there or AirBnB how can they stop it...
     
  10. Anthony416

    Anthony416 Well-Known Member

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    I imagine it was a noise issue due to new occupants of both the principal and unauthorised secondary dwelling (alluded to but not confirmed by council). I do get a few calls for help from clients who have been put into council by neighbours, maybe 5 in the last 6 months.

    Sometimes it comes about when they wish to sell and the prospective buyer does searches of council records. One potential buyer actually informed council of the unauthorised structure after the vendor would not negotiate on price, very spitfeull indeed.....
     
  11. Otie

    Otie Well-Known Member

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    I have no development experience but what if you had a common entrance with shared door opening to two internal entry doors?all on one title?
     
  12. lightbulbmoment

    lightbulbmoment Well-Known Member

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    Yes it is people can be little Biatchs
     
  13. Anthony416

    Anthony416 Well-Known Member

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    Just to be clear here, in above when you say they do allow, actually Hornsby Council does not allow it in their LEP (actually prohibited in zone) but these are built under the Affordable Housing SEPP which is NSW legislation which over-rides council and council can't refuse them if the SEPP rules are met (such as the max 60m2)
     
  14. Marg4000

    Marg4000 Well-Known Member

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    Probably by someone who wanted to do the same thing, was knocked back by council and followed the rules.
    Marg
     
  15. lightbulbmoment

    lightbulbmoment Well-Known Member

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    Easy solution do what you want