Hi all
Been lurking for some years and felt like joining as I had a compelling question that some may know.
I've currently have a DA with Council for a 4 bedroom house with a 2 bedroom attached granny flat. I was recently advised that my private open space (55m2) does not add up to their 70m2 requirements. This space is can be seen from both dwellings (granny flat & main dwelling). The land I admit is very small and tried to fit everything as much as I can.
Anyway my question was that we also have another sideyard/courtyard that is about 2.5m by 8.6m (22m2) which was not included in the private open space calculation because it is 'not accessible from the principal living areas' of the granny flat. I only have the entrance door of the granny flat facing the courtyard due to limited space and I can't put a window. Would I be able to put a glass panel on top of the door and would that fit the definition? Let me know your thoughts
Whoever drew the plans should have advised you. That's what I do for all my clients and I've done a fair few granny flats over the years. Their interpretation is pretty much on a case by case scenario by different councils and it depends who you are with. Our local council allows 60 sq m and it can't be shared either as it is deemed POS not just OS. Some councils will let you use two areas for this but usually not and they have requirements for the minimum side measurements not just the area. I also seriously doubt they would allow a highlight panel in a door to let you use that as an excuse for direct access from the principal living area. You can of course apply for an exemption to their rules under the universal "Clause 20" especially if you have met all their other criteria however as I say it will really depend on your individual council and how much of a stickler for official policy they are.
Stewie
Thanks for your response Stewie. As you mentioned, there was little to justify a door window as access from a living area. Well, the simple but painful changes were made to the plan. Now the 2 bed GF has been reduced to a single room. Cheers