Eaves of house within zero lot easement

Hi all

Hoping for some guidance.

Im currently looking at some land in box hill that has a 900mm easement for a zero lot boundary for the neighbours property.

If I'm building a property on it, is it allowed that:

A. the eaves (450mm) of the house are allowed within the easement, so the wall and foundation is built at the 900mm

OR

B. the eaves have to be outside the easment meaning, the house has to be built 1350mm from the boundary to comply

As the lot we are looking at is not zero lot, the 1350 restriction knocks the lot out reach due to limiting the house designs available.
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The development code for Box hill states: https://www.planning.nsw.gov.au/-/media/Files/DPE/Plans-and-policies/box-hill-growth-centre-precincts-development-control-plan-march-2018-170418.pdf?la=en

6. For dwellings with a minimum 900mm side setback, projections permitted into side and rear setback areas include eaves (up to 450 millimetres wide), fascias, sun hoods, gutters, down pipes, flues, light fittings, electricity or gas meters, rainwater tanks and hot water units.

7. No overhanging eaves, gutters or services (including rainwater tanks, hot water units, air-conditioning units or the like) of the dwelling on the benefited lot will be permitted within the easement. Any services and projections permitted under Clause 4.2.4 (6) within the easement to the burdened lot dwelling should not impede the ability for maintenance to be undertaken to the benefitted lot

Hi tymar Welcome to the forum
You will need to submit plans and details to the relevant authorities and pay the required fees
Unfortunately gone are the days where you can get advice over the counter
LOL, You can't even pop into their offices they're closed
I suggest you do a sketch floor plan of the affected area, Cross sectional detail of the piles, footings, walls and eaves, pay the fee and have it assessed. Also pile ie services details requires engineering certification.
OT The better the information...the better the reply. BTW, it also helps others
Here
Checking Concrete Piles
Cheers
Chris

We have a Zero lot in NSW. Which means next door has an easement. Our garage wall sits on the boundary line.

Next doors eaves on our side do not go into the 900mm easement. They have no eaves on that side of the house at all.

Now I don't know if they weren't allowed to or just didn't.

I don't think anyone in their right mind would run now eaves on the sunniest side of their house (in this case)

For stuff like this, you can call a builder you're keen on and they will give you the heads up. Just have a look at a plan that you like and ask the question to the Sales person to confirm.

Or, call the Sales office in Box Hill to confirm.

Cheers,

Oh i see, so they couldve opted to not have the eaves for many reason, but the result was they were able to build on the easement boundary as nothing is in the easement.

Thanks for your reply - been helpful, and given us some ideas!

Isn’t the purpose to allow each owner to build on the real boundary while still being 900mm from the easement boundary hence it can be a complying development as it complies with the 900mm side setback?