WAPC vs Vic Park Town Council R20 subdivision

Good day folks, I'm helping a friend who has an R20 site in Vic Park. The property is 840 sqm with sufficient frontage for a battle-ax but is below the 855 sqm needed even with 5% variation.

I'm getting different opinions from real estate agents. One says it cannot be subdivided. Another says WAPC has approved other sites of this size and frontage in the suburb and will approve it and override the Vic Park town council.

Do the Perth developers have a view on this?

thanks very much!

 

Tagging @Aaron Sice and @Westminster

My opinion is no. I think I read a SAT decision where the variation was smaller than that, WAPC refused the application and SAT upheld the WAPCs decision.

 

It won't work as is, but buying another 15 sqm could be an option from an adjacent lot. For example the next lot could be 915 and the owner is offered a decent money for 15 sqm, he might be happy to sell.

 

If it's a corner block and lot sizes are regular and near major amenties then there is some hope but they are less lenient now. Can you split down the middle with no CP and meet min lot size?

Aaron will know more

 

Hi BD, please correct me if I am wrong, but minimum is not the problem here, the average is. No matter how you cut it, you can not meet the average requirement here.

 

Hi guys,

There are some provisions under the central Metropolitan sub regional strategy to divide based on minimum areas.

PM sent to @Perthian,

Regards
Nick

 

The only people able to approve more than 5% shortfall are WAPC.

If you have a corner block or 20m frontage for side by side then WAPC do still have an interim policy where they may approve 2 lots which meet minimum but not average. This is under review and the rumour mill is that it won't be around for much longer.

I wouldn't be seeking guidance from real estate agents.

 

Thanks all.. yes, looks like the WAPC interim policy is key.

The frontage of this block is 26m but the block is not rectangular and the length of the back of the block is 14m. I can see a few examples of 840 sqm blocks being subdivided. They are battle-ax with the front retained and the back house built around mid 1990.

A 840 sqm corner block managed to get WAPC approval recently.

 

Corner blocks can get an additional allowance for the truncation (up to 20m2 I think). So if your friends is not a corner block then that would not be applicable.

 

Yes . See what westminster said. I think that policy expired last december may be reinstated? ?? Speak to WAPC

 

Thanks again.. I found this info for those interested.. pretty much as described by westminster


Approval of undersized corner lots – WAPC Interim Policy

November 24, 2016

The Planning Commission has an interim Policy in place whereby for lots coded R30 and below, the lot size only has to meet the minimum and not the average lot size requirement. We can confirm that the WAPC have been approving, on a case by case scenario, corner lots coded R20 at the minimum site area (350sqm) in lieu of 450sqm. Corner Lots of 780sqm – 830sqm have been approved just recently. See Policy below: For further information, contact Subdivision Solutions WA via our contact us page.

Approval of undersized corner lots – WAPC Interim Policy – Land Subdivision Solutions WA

 

The policy is only for use for side by side and regular shape or corners. I would speak to WAPC before making any plans

 

I might add that the minimum lot size for a battle axe block (a rear block with green title access leg) is 450m2 not 350 (for R20). In this case you're still over 800m2 so definitely give it a try.

 

Thanks, folks.. we'll see if we can chat to WAPC.

The front house doesn't look like it's worth retaining so the battle axe is an option.

I had a further look at the subdivided non-corner blocks on the map. They are building stratas, not survey strata or green titles.

 

I spoke to WAPC.. it confirms the views here. WAPC will refuse the application as it's not a corner block and it's below 855 sqm.
The built strata developments are only single title and were approved by the town council in the mid 90s.
Thanks for the good advice here!

 

Is there any news from WAPC whether the Interim Policy for approving undersized corner lots will continue in 2017?

 

Nov 24 interim policy - got it in one. Sorry I couldnt reply earlier.

Only lots with sufficient frontage could be accepted, so was working for side-by-side lots too. However there is a clause that if you have an established pattern of battleaxe lots and now the coding disallows it, you could actually propose a similar subdivision.

Has expired now from what I have heard.

 

Build strata has to meet min and avg lot requirements now like a survey strata, whereas previously they only had to meet the average.

Thats why there is always an extra unit on the site under the older, pre 2013, rules!