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Subdivision declined...worth a second try?

Discussion in 'Legal Issues' started by Tim86, 7th Mar, 2016.

  1. Tim86

    Tim86 Well-Known Member

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    Hi everyone.

    I had a corner 1000m2 block in Brisbane that had its subdivision application originally declined because council requires 60% flood immunity on all new blocks so they wanted the block filled 600mm.

    However that would negatively impact on adjacent properties if ever the 1 in 100 year flood zone actually flooded (would increase the flood height on the place next door).

    So council declined the subdivision.

    Ive since put a second house on the block and kept the original house as a big approved granny flat. Both houses are on posts to keep them out of the flood water. So neither requires the block to be filled any more if it were to be subdivided (not too sure if council will see it that way though).

    With the two houses now on the block and all approved, would council approve a subdivision? Where one house simply has one block and the other house has the second block?

    Or would council still object because although the houses are flood immune the land itself could still potentially go under? And they would still want the block to somehow be filled even though there is already a house on it? Which would bring us back to the original reason it got rejected...because filling the block would impact on the neighbours blocks.

    Or would they say "well the houses are already there so just go ahead and split the block as is"?

    Thanks

    Tim
     
  2. Scott No Mates

    Scott No Mates Well-Known Member

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    Time to discuss with a town planner but if you have approval for a GF, it is unlikely that they will approve a GF as a separately titled dwelling.
     
  3. bob shovel

    bob shovel Well-Known Member

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    Did you try talking to another "expert" at council?

    Is yours the low one where the neighbours water run off flows to?
     
  4. Tim86

    Tim86 Well-Known Member

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    No our block is already a little higher than the neighbours. But the hydrologist back in the day said it would still impact them.

    I spoke to council just then.

    He said to speak to a private town planner as they would be able to say the likelihood of getting it approved.

    He said council would take my argument into consideration. But says they would be concerned that if someone wanted to knock down one of the subdivided houses then they wouldnt be able to build on a slab if they wanted...

    But I see that scenario as very different to subdividing and selling off a vaccant lot. With a vaccant lot its a safe assumption to say that you can build on it with a slab. But with an existing house it already takes due diligence to see whether or not you can actually get demolition approval etc...
     
  5. Tim86

    Tim86 Well-Known Member

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    The GF is the original properties house though. Its just now considered a gf as there is a second bigger dwelling on the block.
     
  6. bob shovel

    bob shovel Well-Known Member

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    Procrastinating about council stuff will not help your mental health... Back to work and get that roof on your house! :D
     
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  7. RPI

    RPI Property Lawyer, Town Planner Business Member

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    The block will still need to meet subdivision standards so unlikely Council will support it unless you can get a hydrologist to engineer a nil impact. If you were to apply and get knocked by Council and then appeal your chances would be much improved with the house on it. Court will look at impact overall. But you are looking at $7,500 to lodge an appeal and another $7,500 to get through mediation and are likely to need expert evidence fees on top of that.
     
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  8. Tim86

    Tim86 Well-Known Member

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    Thanks for the reply RPI.

    It may well be worth the time and effort in the future.

    $28000 headworks. $3500 application fee. $5000 for another hydrologist report. $15000 in legal fees. $5000 for experts. $10000 misc. Total cost $66 500.

    So if the place is currently worth $700 000 as is. After subdivision one block would be worth 650k with the big house on it. The other would be worth maybe 330k. Total value $980 000. After deducting subdivision costs you are left with a profit of $213 500.

    But I guess it would be an initial gamble of $38500 when you consider all the costs of application, experts and legal fees. So youd have to be pretty confident the gamble would have good odds of being successful.

    Ill have to give you a call in the future when Ill be in the position to take a punt :)