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FSR - Right of Carriageway

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We own the front lot of a subdivided parcel of land and have a condition on our land providing right of carriageway / driveway for the battle-axe property behind us. We are looking to build a new house on the front lot and the council has just advised us that we cannot count the 'access handle' / driveway in our Floor Space Ratio calculations.

Can the Right of Carriageway be excluded from the FSR calculations? The driveway is counted towards our land size in the Title Search.
Ryde new built
We own the front lot of a subdivided parcel of land and have a condition on our land providing right of carriageway / driveway for the battle-axe property behind us. We are looking to build a new house on the front lot and the council has just advised us that we cannot count the 'access handle' / driveway in our Floor Space Ratio calculations.

Can the Right of Carriageway be excluded from the FSR calculations? The driveway is counted towards our land size in the Title Search.

Welcome to building in Ryde!

I am 99% certain you can use the right of carriage way for the FSR calculation. I am speaking with my designer later today so I will double check and if the advice is any different, I will let you know.

Good luck with your build

Simeon
My (very limited) understanding is that it depends on how the battle axe is split up.

If you have a 'common property' like this (https://ibb.co/Smwgqqf) both 37 and 37A can use 50% of the 'side driveway' in their open space calculations.

If the driveway is all for the rear house like this (https://ibb.co/yPtn2HV) then the back house (31A) can use all of the driveway as it is all their land. The front house can use none of it.

A lot of the battle axes around us use the first method to give the front house extra building allowance.

Again that's my limited understanding from when we looked into buying the front house of a battleaxe.
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