Expiry on DAs? how did this guy get 3 houses on R2 in Sydney?

Discussion in 'Development' started by scientist, 6th Jun, 2018.

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  1. scientist

    scientist Well-Known Member

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    Just snooping around, found this

    Basically the story I pieced together was they got DA for 3 houses on 27 wattle punchbowl in 1997, didn't do anything for 20 years, then in 2017 got CC for the 3 houses and built them soon after. The land is R2 for miles around. How did he do it? Do DAs expire, or never? Could the land have been R3 in 1997 (extremely unlikely)?
     
  2. Terry_w

    Terry_w Lawyer, Tax Adviser and Mortgage broker in Sydney Business Member

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    DAs generally have a life span of 5 years in NSW
     
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  3. scientist

    scientist Well-Known Member

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    So from public info on da tracker, there was nothing lodged between 1997 and 2017...
     
  4. Shahin_Afarin

    Shahin_Afarin Residential and Commercial Broker Business Member

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    DA's lapse but interestingly if you lay one brick then this activates the DA and it will never lapse - ever.
     
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  5. scientist

    scientist Well-Known Member

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    Learn something new everyday

    so the second question is, how did he get it initially, even in 1997? 3 houses on r2... 800sqm
     
  6. Anthony416

    Anthony416 Well-Known Member

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    Brown paper bag........
     
  7. gach2

    gach2 Well-Known Member

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    your link doesnt work
    but top of my head bankstown council allow dual occs on 500m2
    by common sense that should mean three houses on 750m2

    By rules would have build dual occ first on 500m2 and have it torrens titled on 250 +500 lots
    then dual occ the 500m2 lot to get a 3rd house
    Im sure this is quiet common where they allow all 3 in 1 go as it satisfies the controls
     
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  8. gach2

    gach2 Well-Known Member

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    the address could be on 3 lots so maybe cdc build
     
  9. Lacrim

    Lacrim Well-Known Member

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    Is the guy's surname Mehajer?
     
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  10. Propertunity

    Propertunity Well-Known Member

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    There's a good explanation of what constitutes a development consent lapse here:
    When does a Development Consent Lapse in NSW?
     
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  11. scientist

    scientist Well-Known Member

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    This is pretty smart. So first get DA for a dual occ with torrens subdivide, 500 + 250 split. Then submit a subsequent DA on the 500 to get another dual occ 250 + 250 split. But don't think this is possible because these are detached, one behind another, so they'd need to satisfy the actual min lot sizes for that area, + access handle (i.e. battleaxe each time). On sixmaps it doesnt' show the lot has even been subdivided, all 3 dwellings on 1 lot.

    Are there townplanners that can advise on who and how much to put in a brown paper bag for different types of breaches? Are you one? I'd imagine such advice to be in high demand...
     
  12. scientist

    scientist Well-Known Member

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    From that website and citing that court case, seems like paying an engineer to do a soil sample once every 5 years is sufficient to keep the DA alive... or a surveyor to do a peg out or whatever... interesting.
     
  13. Scott No Mates

    Scott No Mates Well-Known Member

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    upload_2018-6-7_11-37-43.png

    There are more houses down the road which are strata titled villas on slightly larger sites.
     
  14. Propertunity

    Propertunity Well-Known Member

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    I think the key argument against this are the words: For work to be ‘physically commenced’ there must be physical activity which involves an appearance of reality and which is not merely a sham.
     
  15. Scott No Mates

    Scott No Mates Well-Known Member

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    IIRC 'substantial commencement' though it is not a defined term.
     
  16. Propertunity

    Propertunity Well-Known Member

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    Yes "substantial" is a term much like "reasonable" which is undefined :(
     
  17. Aaron Sice

    Aaron Sice Well-Known Member

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    ....but contextual.
     
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  18. Scott No Mates

    Scott No Mates Well-Known Member

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    If you can substantiate that you've commenced work, you've ticked the box. :rolleyes:
     
  19. Anthony416

    Anthony416 Well-Known Member

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    1) Do not think one brick would pass the "substantial" test (I think there was a L & EC case where this was discussed, same as turning one spade of dirt does not pass this test)
    2) If the cash can fit into a standard lunch bag it is not enough for anything except a granny flat :)
     
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  20. Scott No Mates

    Scott No Mates Well-Known Member

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    Even at school we had little lunch & big lunch...all that's changed is that big is now long.
     
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