Stormwater Easement Width Query - Please Help

Hi,

I am from Fairfield Council. I own a certain land and I want to purchase the land behind it to develop 2 houses and 2 grannies. The land I want to get slopes away from the road hence I need to give myself easement access by the land I currently own which isn't an issue.

My issue is:

In the current land I own I am doing 2 homes with setback of 925mm (just laid both slabs). The Storm water Management Policy for Fairfield Council says 1m setback is needed but if there are existing dwellings or structures this can reduce to 900mm which means I am good as I have 925mm.

However, I found out if FASCIAS, EAVES AND GUTTERS are protruding out i.e. 450mm, this easement wont be accepted as it is encroaching on the easement which is ridiculous. Note this gutter is 3m above the ground.

1. Anyone experienced this before?
2. Any turnarounds? I don't want to change design of current home with a Section 96.

Thanks team

 

Submit 2 X S48's, one for each house.

 

what did your Surveyor say.
I assume he will be preparing the documents

 

he said it wont work.....

 

Extract from the Council's policy - In most circumstances, structures will not be permitted to encroach upon an easement to drain water. Eave overhangs are permitted subject to at least 4.5m clearance to ground level.

How did you lay the slab without registering 88b. Development that required easement are deferred commencement and they are required to register easement before physical commencement. Duplex and Granny combo can not be issued under CDC so you must have DA with deferred commencement condition.

I think a key message is existing. You building new duplex with GF which is not existing building or structure. It is new development.

 

just dm'd you mate

 

nope I have confirmed with council , even slabs count as existing