Residential Code vs. The Development Plan
The subject land consisted of a rectangular allotment with frontage to a main road and rear access to a Public Laneway. The existing dwelling had been modified over the years with several additions that covered the majority of the width of the site.
Our brief was to divide off a separate allotment on the side which necessitated part demolition of the existing dwelling.
If our client received a favourable response for the proposed allotment, then they would consider demolishing the rest of the dwelling to create further allotments.
The council response to our initial application was thus “the following issues have become apparent with your proposal – the standard minimum frontage for detached dwellings in an R16 Zone is 10.00 metres. Council considers the proposed frontage of 8.70 metres too narrow in context of the existing street scope and previous divisions in the locality. Council is seeking to have the dividing boundary relocated to 900mm from the existing dwelling; this will effectively increase the frontage to approximately 10.00 metres.”
A subsequent phone call from the council planner reiterated the above and we were informed that if we did not accede to their request, then they would recommend refusal.
The council planner was then duly informed by our office that as the subject land was situated in a Residential Code Area we could submit a complying application under The Code for a new detached dwelling by invoking clause 2B of the 2008 Development Regulations which effectively reduced the required frontage to 8.00 metres.
The council conceded that this was lawful and in due course granted full Development Approval.
Our client then received such a positive response for the new allotment that we were commissioned to create the other 3 allotments from the balance parcel.
Our experience and also commitment to keeping up with new legislation meant that we were able to increase the yield for the subject land from 3 to 4 new allotments. In a much sought after area, this translated to a not insubstantial increase in economic benefit to our client.
“This was our first development, the advice and guidance we received from Rocco and Josephine was always accurate, timely and easy to understand.
The outcome from the sale of our land parcels meant we could finally purchase the house of our dreams. We have recommended Rocco to family and friends and intend to use his services for our next project”.
Lucy and Dan Cirocco