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Max size of granny flat

Discussion in 'Development' started by docplus, 18th Mar, 2016.

  1. docplus

    docplus Member

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    Hi guys,

    Looking for a help with some information on granny flat size limit.

    We are planning to build a new single story home with an attached granny flat in NSW. The size of the lot is 451 sqm. The frontage is 15 mtrs.

    I was under the impression that any lot size above 450 sqm allows a 60sqm granny flat. I have been advised by one of the project home builder that we can build only 45sqm GF on our lot. According to them, lot size of 450sqm to 600sqm in NSW can only have 45sqm GF.

    Can anybody throw any light on this?

    thanks in advance.
     
  2. Tonibell

    Tonibell Well-Known Member

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  3. neK

    neK Well-Known Member

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    In NSW its 60sqm.

    But the size of the current primary dwelling also plays a part as @Tonibell has stated.

    From your comment, it doesn't seem like you builder is referring to your primary dwelling size. Sounds more like a silly blanket rule they've created because they don't have a proper understanding.
     
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  4. docplus

    docplus Member

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    Thanks to both of you.
    In my case, while FSR allows 330 sqm, I will be more restricted by the site coverage, which I believe is 55%. Hence I will be allowed 248 sqm, being a single storey building.

    NeK is right. Builder is not referring to primary building, which I am ready to adjust. He showed me some CDC policy document where it says that for a lot size of 450-600 sqm you can only have a GF of 45 sqm. I have a feeling that they are making a mistake but just want to be sure so that I dont get thrown off later to be delayed.
     
  5. neK

    neK Well-Known Member

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    NSW Legislation

    22 Development may be carried out with consent

    (1) Development to which this Division applies may be carried out with consent.

    (2) A consent authority must not consent to development to which this Division applies if there is on the land, or if the development would result in there being on the land, any dwelling other than the principal dwelling and the secondary dwelling.

    (3) A consent authority must not consent to development to which this Division applies unless:

    (a) the total floor area of the principal dwelling and the secondary dwelling is no more than the maximum floor area allowed for a dwelling house on the land under another environmental planning instrument, and

    (b) the total floor area of the secondary dwelling is no more than 60 square metres or, if a greater floor area is permitted in respect of a secondary dwelling on the land under another environmental planning instrument, that greater floor area.

    (4) A consent authority must not refuse consent to development to which this Division applies on either of the following grounds:

    (a) site area
    if:

    (i) the secondary dwelling is located within, or is attached to, the principal dwelling, or

    (ii) the site area is at least 450 square metres,

    (b) parking
    if no additional parking is to be provided on the site.

    (5) A consent authority may consent to development to which this Division applies whether or not the development complies with the standards set out in subclause (4).
    -------------------------

    Schedule 1 - Development standards for secondary dwellings

    4 Maximum floor area for principal and secondary dwelling

    (1) The floor area of a secondary dwelling must not be more than 60 square metres or, if a greater floor area is permitted in respect of a secondary dwelling on the land under another environmental planning instrument, that greater floor area.

    (2) The floor area of a principal dwelling, secondary dwelling and any carport, garage, balcony, deck, patio, pergola, terrace or verandah attached to either dwelling and enclosed by a wall (other than the external wall of a dwelling) higher than 1.4 metres above the floor level on a lot must not be more than the following:

    (a) 330 square metres, if the lot has an area of at least 450 square metres but not more than 600 square metres,

    (b) 380 square metres, if the lot has an area of more than 600 square metres but not more than 900 square metres,

    (c) 430 square metres, if the lot has an area of more than 900 square metres.


    I have never see anything that says 45 sqm on a Granny Flat under Complying Development where the land size is between 450 - 600 sqm.
     
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  6. neK

    neK Well-Known Member

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    @docplus - send them the link to the legislation and ask them where it says 45sqm. :)
     
  7. docplus

    docplus Member

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    Thanks NeK.
    This is exactly in line with my understanding.
    I have asked the sales office to reconfirm with their technical team, which they are unhappy about. Lets see.
     
  8. Azazel

    Azazel Well-Known Member

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    It depends where it's located as well.
    Each council has different rules on whether you can or can't.
     
  9. AndrewTDP

    AndrewTDP Urban Planning Consultant Business Member

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    The legislation referenced is state wide and a nsw rather than local government policy.

    The SEPP overrides most local provisions.
     
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  10. docplus

    docplus Member

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    It is Camden council but as Andrew said, when I am applying under CDC I believe the SEPP should override the council rules.
     
  11. York

    York Finance Broker Business Member

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    @neK knows his stuff on this. He has a lot of experience with granny flats in NSW.
     
  12. neK

    neK Well-Known Member

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    I only know what @Brazen (Serge from Granny Flat Approvals) has taught me :)
     
  13. Azazel

    Azazel Well-Known Member

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    I'm guessing if the local government policy doesn't allow separate granny flats the SEPP wouldn't override that?
     
  14. AndrewTDP

    AndrewTDP Urban Planning Consultant Business Member

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    Nope. Provided the zoning and size are fine the SEPP operates.
     
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