Small Lot Code Professional Needed

Good evening lovely Victorians,

I need some insight into this as I don't know much about land and building rules.

We bought a small piece of land, which we plan to build a double storey house. The plan of the house is below. The house length is 23 by 12.5m wide. With a 3m easement at the back. It has a porch and balcony.


1) The small lot code states the following, however, the estate contract says something else.



If someone could explain this to me if it is right, I would appreciate it. I am confused because in the estate contract states

- Where the minimum front setback is 3.0m or more, porches and architectural features can encroach into the front setback by up to 1.5m, at heights of up to 9.0 for a two-storey home.

- Where the minimum front setback is less than 3.0m or more, porches and architectural features can encroach into the front setback by up to 1.0m, at heights of up to 9.0 for a two-storey home.

The Simonds draftsman (I think that's the name) has made it more than 2.1 m for the balcony and 5.49 for the garage.

We want a bigger backyard but the front has been pushed back another 0.490m. It might not seem much but when you already don't have a backyard it matters. This land was all that we could afford. When we asked why they said it is according to the Small Lot rules, but my interpretation is different.

Who is wrong?

You are right. For sure.

Sometimes they push the setback back to match neighbours plans. Are either side of you ahead in their planning stages?

Yes unfortunately it looks like they are both ahead with their plans. they started putting up the fence on both sides. I'm concerned we will have more issues because of their house plans.

Hopefully that will be the only change because of the neighbours. I can sympathise because ours got moved back and shoved over another full metre killing our side yard as our back. I drive past lots that are building on the fence line and want to scream! I should have just bought a smaller block without the rules.

Ohhhh that's so unfair. Very frustrating. When did they let you know about this? During the planning stages? Was it because of the neighbour's house?

They didn't let us know or explain, it just came through on the plans. Even after we signed off on the plans the setback changed without a variation or notification, so keep checking and asking!