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.