I fought the council and I won (Marion S.A.)

Discussion in 'Development' started by Erica, 15th Mar, 2017.

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  1. Erica

    Erica Well-Known Member

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    OMG I'm actually doing a happy dance around my living room right now!

    I just came home from Marion Council's Development Assessment Panel meeting, and despite the Planning officer I was assigned with (an incompetent 21 year old) telling me for 9 months that my application would be refused, an overwhelming majority of DA panel members supported it and approved it! WOO HOO!

    I will post details of the project in more detail at another time, for now I'm celebrating with wine and chocolate right.
     
    jim1964, aussieB, Adelaide B and 13 others like this.
  2. Brian84

    Brian84 Well-Known Member

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    Congrats. Persistence pays off.
     
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  3. Nemo30

    Nemo30 Well-Known Member

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    Thats awesome, well done!

    Looking forward to finding out more :)
     
  4. D.T.

    D.T. Specialist Property Manager Business Member

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    That's great! More details please!
     
  5. Nemo30

    Nemo30 Well-Known Member

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    Out of curiousity was it a non complying development?

    We are considering options on a property in Holdfast council... our block is about 50m too small for what we want to do.
     
  6. Xenia

    Xenia Well-Known Member

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    Well done Erica
    We've taken council to court before - and won!
    Awesome feeling.
     
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  7. Brady

    Brady Well-Known Member

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    Great work @Erica love that you kept going when you believed it could happen.
     
  8. Erica

    Erica Well-Known Member

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    Go for it Nemo30, ignore what their planning officer tells you. Speak with an independent Planning Consultant instead, I used Garth Heynen- who is a genius. PM me if you'd like his details.

    Councils grant concessions on things like overall allotment sizes all the freakin time. Have a look at the councils web site and spend some time reading through the "Agenda and Minutes" of past and upcoming applications in the Development Assessment Panel, you will be amazed at how many non-complying things get concessions.
     
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  9. teetotal

    teetotal Well-Known Member

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    Are you still dancing ??:D

    We are all eagerly waiting for more details :rolleyes:
     
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  10. Erica

    Erica Well-Known Member

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    OK details of the project below (forgive me for leaving out the exact address, as I prefer to retain some privacy online):

    Purchased a 1950's double brick 4 bed house in good condition back in May 2016, with the
    intention to retain the existing dwelling and create an additional Torrens titled hammerhead allotment to the rear. Approval took 9 months.

    I took on a project knowing full well that it was a NON-complying development since the driveway to be utilised to access the rear of the block is well less than the 4.0m minimum required as per the Development Plan (which states 3.0m minimum trafficable driveway width + 0.5m vegetation strips on both sides for accessways servicing hammerhead allotments on non arterial roads).

    A big reason that I chose to take a gamble on this non-complying project is because in initial feasibility, I found 6 examples of similar projects approved by council between 2010 and 2016 (2010 was when the Development plan expanded the minimum driveway requirement from 3.5m up to 4.0m for hammerhead allotments). All these examples had minimum driveway widths between 2.99m and 3.40m- precedent of prior council granted concessions.


    Every project has it's challenges:

    1. was a doozey! During my initial feasibility I measured 3.45m access width between the house and neighbours fence to be used for the new hammerhead driveway, but after survey found it was only 3.28m due to fencing not actually being correctly on the boundary, eeeeek.

    Figures:
    $510k contract price
    $30k purchasing costs
    $50k cosmetic renovation and site works
    $30k subdivision costs
    $10k cash flow negative over 12-18mths (tenanted since Aud 2016)
    TOTAL SPEND $630k

    $450k end value renovated 4 bed house on 394m square block
    $260k end value vacant hammerhead block 467m sq
    TOTAL END VALUES $710

    approx. $80k profit before tax (and agent fees if we sell)
     
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  11. teetotal

    teetotal Well-Known Member

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    Impressive results.
    How did you find out about other similar projects that've been approved by council ? That's something I might struggle to do.
     
  12. Erica

    Erica Well-Known Member

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    Just keeping my eyes open when driving around neighbourhoods, I keep a tape measure and wheely measure thingy in my car and get out and measure lots of things myself! Doesn't look cool but sure gets the job done.

    I've spent hours on google maps satellite images searching for similar developments and using the 'measure distance function' to get a rough idea of sizes.

    Then when I find something I think is non-complying with the development plan but got it through, I looked up the title on SAILIS, https://www.sailis.sa.gov.au/home/auth/login you can see a free (but poor quality) copy of the title there and when I submitted these exmples to my Planning officer I paid the $10each for good copy.

    Also keep an eye on allotments that pop up for sale on realestate.com that are under the Development plan minimum sizes, then go back to the council's web site tracking application tool, looking up past DAP agendas.
     
  13. teetotal

    teetotal Well-Known Member

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    Wow, your 'out of the box' thinking and getting "all ducks in row" strategy is certainly the key to your success here. Happy dances, chocolates and what not, are well deserved.;)
    Like i said, i wouldn't even know how to do what you did and even where to start. You have inspired me today :cool:
    Thank you !!:)
     
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  14. Erica

    Erica Well-Known Member

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    BEFORE

    frontage olive trees.jpg rear yard verandah shed.jpg back yard looking at house.jpg frontage.jpg
     
    Last edited: 17th Mar, 2017
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  15. Erica

    Erica Well-Known Member

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    AFTER

    frontage 3.jpg 76 Clovelly carport 003.jpg front lawn.jpg 76 Norrie AVe Clovelly Park 060.jpg rear landscaping 2.jpg 76 Norrie AVe Clovelly Park 063.jpg 76 Norrie AVe Clovelly Park 064.jpg
     
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  16. Brady

    Brady Well-Known Member

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    Great work @Erica love your work. Love the fact you have the tools in the car to measure up when you see something that takes your attention.
     
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  17. Adelaide B

    Adelaide B Well-Known Member

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    Totally agreed with you. I spent a lot of time on real estate.com and I do see a few new non-complying development approved by council. I put down on my book, in case one day I need them, lol.

    2 years ago, I was going to buy a Glengowrie property and it was under cooling off stage. The frontage and land size meet the subdivision requirement but the problem is there is a slot in front of the house. On the same street, similar house got approved by council 1-2 years ago and successfully subdivided. I rung council and ask if the property I want to buy can be subdivided. They said it can't be, due to the traffic slow-down slot. I said 'how come the other one was approved by Council'. This gentleman said 'It wasn't approved by me. And It was approved before, doesn't mean it will approve now.' Then it put me off, haha. Other buyers got this property, and it was demolished straightaway. Then the site was vacant for around 1 year. I think they may had a battle with council? After 1 year, finally see some movement, they only build 1 house on this site.

    Your story is very inspiring, it need guts, courage and taking risk. Thumbs up to you, you won!!!!!!
     
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  18. Westminster

    Westminster Tigress at Tiger Developments Business Member

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    How did you go with your reno budget this time @Erica? I know last time it blew out a bit. Did those lessons help you budget better this time?

    The front place looks nice and tidy
     
  19. Erica

    Erica Well-Known Member

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    Hi Westminster, seems no matter how many reno's I do, the budget always blows out! I planned to only spend $30k on this one hoping to make an even $100k capital gain but it ended up being $50k spent all up in the end.
     
  20. Westminster

    Westminster Tigress at Tiger Developments Business Member

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    Damn :( I think you should just put min $50k and if you go under woohoo
     

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