Purchasing Driveway CP

Hi all,

Long time lurker on Property Chat and was hoping to get some input on a potential purchase and conversion of CP land to an individual lot.

I purchased a PPR front strata title lot in Bedford, within the City of Bayswater. The strata scheme is simply a set of two lots with detached houses. The Strata was established in 1996 and is apparently subject to a simplified process for the conversion of common property to an individual lot via disposition of merger of land (Form 32). The CP driveway isn't listed anywhere in the strata scheme sketches due to the age of the original subdivision.

From a planning perspective, the common property driveway as it currently sits is 4m wide, with 2m truncations at each end. Unfortunately, the side driveway isn't currently fenced and upon investigation, the common property encroaches past the eaves of my house by 400-450mm, my house is shown on the site plan but doesn't include my 100mm wide boxed eaves (including gutter).
I measure the line of my eaves at around 3.590m from the edge of the total site, correct me if I'm wrong but this should leave substantial space for a fence, driveway and garden bed running down the side and comply with the relevant R-Codes. The total amount of land i'm looking to convert is around 450-500mm and would be around about 13sqm in total.
I'm currently under the impression that any conversion to survey strata isn't possible at the same time if a subdivision of land or buildings occurs but that might be for new strata-schemes created after 1998 (Form 20).

I'm yet to take it up with my neighbors, they also want a fence down the drive and are under the impression the common property is outside the line of my eaves. We have a good relationship and I'm currently just trying to get my head around the process and technical aspects involved.

I'm heading into Landgate sometime this week and I'll run through the process in a bit more detail with them. Is there anything I'm missing and need to consider? Can anyone recommend a quality Land Surveyor who does relatively small conversations & re-subdivisions like this?

 

My first thought was "why"?

 

I suggest talking to a town planner rather than landgate

 

I agree that a Town Planner is the first step as I don't believe what you want to do is likely to be achievable.

The rcodes stipulate a 4m driveway area which is 500m landscaping off side boundary, 3000mm actual driveway then 500mm landscaping again.

If you have eaves and windows on that side of your dwelling your fence/boundary would need to be 1 to 1.5m away from them. Many projects that were built behind each other (duplex, triplex etc) didn't have fences down the driveways so that they could put eaves and windows on that side.

 

Additionally a surveyor maybe of assistance. @Joel Carter want to share your opinion?