NSW - Battle Axe access handle not counted as land for FSR calculations for FRONT property

Hi,

We own the front lot of a subdivided parcel of land and have a condition on our land providing right of carriageway / driveway for the battle-axe property behind us. We are looking to build a new house on the front lot and the council has just advised us that we cannot count the 'access handle' / driveway in our Floor Space Ratio calculations.

This area is 115sqm so it has a huge impact on the FSR calculations. We can build 60% of land size, so removing 115 from the total of 483 is a massive blow.

My question is if this ruling is an incorrect interpretation of the legislation?
The relevant wording from the controls is as follows:

"(6A) Battle-axe lots or other lots with access handles: If a lot is a battle-axe lot or other lot with an access handle and is in Zone R2 Low Density Residential, Zone R3 Medium Density Residential, Zone R4 High Density Residential or Zone E4 Environmental Living, the area of the access handle is not to be included when calculating the site area."

That makes sense for the battle-axe as they should not be able to count another person's land in any of their calculations but it doesn't make sense for the front lot to not count its own land. To me, the FRONT lot is neither a "Battle-axe lot or other lot with access handle" so this condition should not apply at all.

Thoughts?

 

It's someone else's front yard.

 

Sorry, we're not trying to build on the driveway, just questioning why that land doesn't count towards calculations.

 

I always assumed/thought that the access handle was on the title of the battle axe block and not the front block. Does your title, lot diagram, etc include the access handle area in your land size?
If it is a strata battle-axe subdivision then the access handle is usually common property.

 

The rear lot is a battle exe lot and the access handle belong to the rear handle. One lot was subdivided and become two lot, Front lot with street access and rear battle exe block with an access handle.

Generally, front property does not own an access handle.

 

Yes, the driveway is included on our diagram and in the size of the land. Which is why we calculated on the total size including driveway.

The wording of the control says if the lot is a battle-axe or other lot with an access handle... neither apply to the front in my opinion but might need legal advice.

 

Quite sure that the subdivision only places a right of carriageway not ownership... i.e. its our land but they back property has right of way so we cannot build or block that carriageway.

 

Your Architect or town planner will have the answer to this. Also, Council's duty planners are young/students whom learning the trade. So don't take anything discuss over the counter as the final word.

Instead of going to a lawyer, seeking answer from the private town planner. Cheaper and quicker option. Same planner can write SOEE Report for the development.