subdividing block that doesn't meet all requirements

hi guys

thought i would check here and see if there is a way around it....

My parents live on a block of land that is 1100sqm. This is warringah coucil NSW (zoning R2). The lot size map says that the requirement per lot is 600sqm. Obviously they dont meet this requirement. Want to see if there are ways around this? We have checked with council and they confirmed that it needs to be min 600sqm.

Width of block is 16m and length is 68.75m. Any other possibilities here so that there are 2 dwellings (besides granny flat). Can't see if strata subdivision is possible?

Looking at neighboring properties and a lot of them are under 600sqm. The range seems to be from 350sqm to 600 sqm. Majority in the street are 480-550 sqm. Is it possible to make argument about this and get the approval for battle axe block?

 

Have you spoken to a surveyor to see whats possible as council info may not be adequate?

 

From memory there is a provision of SEPP 1 for the variation of development controls where it can be proved the zone objectives will be achieved. I think this was for 10%. Best to seek the help of a professional in this matter.

 

There is this option but lately councils will not allow the old 10% un-written rule. Closer to 3-4% mostly now if at all. They are getting tougher but you should try anyway.

Remember also that for a Battle-axe block the access driveway area for the lot must be deducted from the lot size so the calculation gets even worse.

 

Quote "Looking at neighboring properties and a lot of them are under 600sqm. The range seems to be from 350sqm to 600 sqm. Majority in the street are 480-550 sqm. Is it possible to make argument about this and get the approval for battle axe block?"

There is a small amount of basis for this but council recently does not really listen to this argument. I was in a pre-lodge a few weeks ago with a client who was very upset that the council officer was not listening to this argument since all around him were "undersized lots". Council was saying that "well that may have been under previous rules" or it was passed by a Private Certifier and "we have no control over that"

I think though a few ceritifiers have been getting closer scrutiny lately and are themselves getting closer to council guidelines/controls.

 

We tried and nobody wants to sell

 

This is our next step, but before that i wanted to see if there are any exceptions.....

 

@Anthony416 Are you a certifier/surveyor? You seem to have experience with this sort of thing?

 

We've subdivided on two occasions in Ku ring gai and neither met council guidelines . One wasn't wide enough and the other had a battle axe handle that wasn't wide enough.

You need to talk to an expert in that area who knows the area to know what would be acceptable .

In Ku-Ring-Gai we use Ian Glendinning at Glendinning Minto . Don't know if he goes that far , but if he doesn't he could probably recommend someone who does .

He used to be the council GM so knows council dealings backwards.

Cliff

 

Yes, I am an Environmental Planner, new title for Town Planner/Urban Planner, and I work in these type of projects. Councils tend to be getting tougher all the time and Ku-ring-gai may be up there in the top 3 for difficulty.
People sometimes get frustrated when council can not give definite answers at the early stage and neither can we. All we can do is give our best professional opinion on the feasibility of a development but in the end it is only when the DA is submitted that council will be forced to make a decision one way or the other.

As a previous poster has suggested, Glendinning does a lot of work around Sydney also and seems to get some tricky ones approved.

 

Thanks @See Change and @Anthony416. It looks like Glendinning Minto & Associates Andrew and Ian separated!

I remember @See Change you were talking about a project i think you had in wharoonga, where it was a wide block so you built house and granny flat, but it looks like separate houses? is that right?
Did you use Andrew or Ian?

 

It was a large battle axe block , so subdivided .

Used Ian Glendinning . Don't know Andrew's background .

Cliff

 

A decent surveyor would be able to advise on any exceptions.

Warning - they are not all created equally

 

i think best is to engage surveyor as you all suggested and see what comes out of it