Browse Forums General Discussion 1 May 19, 2020 9:03 pm Hi all, We are looking at a block of land which has the following restriction on the plan of subdivision — referencing part c) of Restriction C. As this is a corner lot, and we wish to build a double storey, this restriction is quite worrying — especially as we wish to build with a volume builder who likely won’t be able to set back the wall of the first floor from the ground floor, as described. Like ⋅ Add a comment ⋅ Pin to Ideaboard ⋅ Has anyone had any experience with this restriction? It seems to be fairly common for corner blocks. Is there an easy way to get written approval (as outlined) from the council without doing a formal application to amend the covenant? It sounds like simple written approval can be sought. I am just wondering if anyone has an idea of how likely the council is to approve something like this / an easy way to get the written approval before committing to the block. Alternatively, the wording does make it sound like it has to be the top floor wall that is setback from the ground floor wall, but are there any creative ways that would meet the needs of the restriction (ie. a portion of the wall coming out 900mm as required, or articulation through verandah with eaves of at least 900mm)? Trying to get some further information from council, but would like to hear of other people’s experience with this one Thank you! Re: Corner Lot — Double Storey Setback 4Nov 14, 2020 9:33 pm Hey! I'm in a similar situation. What was the outcome? Re: Corner Lot — Double Storey Setback 5Nov 15, 2020 6:55 am I'd go into the council and ask to see a town planner. They may have some suggestions. It is a pretty common type of council guideline. Ours stipulates a side boundary envelope of 4m up from the boundary then a line 45º in from that. What that means is that for a standard 2.4m ceiling for two levels and a side setback of 900mm on a level block then the side wall of the first floor can be pretty much in line with the side wall of the ground floor. With 2.7m ceilings or on slightly sloping blocks you have to inset the side wall of the first floor 450-900mm depending on the slope of the land. We have that all around us here on the Northern beaches. In saying that I have argued successfully on a number of occasions for clients DA's to waive this rule, but these were for existing blocks of land and not new subdivisions. Stewie Re: Corner Lot — Double Storey Setback 6Jun 21, 2021 2:03 pm Hi Mitchetto, How’s your experience on this? We are also facing the same issue now. The floor plan that we want doesn’t comply with the 900mm setback on the 1st floor. Were you able to get an exemption from Whittlesea council? Regards, Mabel Re: Corner Lot — Double Storey Setback 7Jun 21, 2021 2:29 pm Mblgggg1 Hi Mitchetto, How’s your experience on this? We are also facing the same issue now. The floor plan that we want doesn’t comply with the 900mm setback on the 1st floor. Were you able to get an exemption from Whittlesea council? Regards, Mabel Hi Mabel, We ended up not going the corner block sorry, so cannot speak from first hand experience! Have you purchased the block? There were some builders we found who had designs which likely complied Feel free to send me an inbox message if you want to have a chat on it further, happy to have a call as well if that is helpful / useful (from what I had observed before purchasing an alternative block). Re: Corner Lot — Double Storey Setback 8Jun 22, 2021 6:17 am Mitchetto Hi all, We are looking at a block of land which has the following restriction on the plan of subdivision — referencing part c) of Restriction C. As this is a corner lot, and we wish to build a double storey, this restriction is quite worrying — especially as we wish to build with a volume builder who likely won’t be able to set back the wall of the first floor from the ground floor, as described. Like ⋅ Add a comment ⋅ Pin to Ideaboard ⋅ Has anyone had any experience with this restriction? It seems to be fairly common for corner blocks. Is there an easy way to get written approval (as outlined) from the council without doing a formal application to amend the covenant? It sounds like simple written approval can be sought. I am just wondering if anyone has an idea of how likely the council is to approve something like this / an easy way to get the written approval before committing to the block. Alternatively, the wording does make it sound like it has to be the top floor wall that is setback from the ground floor wall, but are there any creative ways that would meet the needs of the restriction (ie. a portion of the wall coming out 900mm as required, or articulation through verandah with eaves of at least 900mm)? Trying to get some further information from council, but would like to hear of other people’s experience with this one Thank you! Hi This comes up a lot in the area that we build in ( North Shore Sydney) where the subdivisions date back from the early 1900's to 1940'ish. A lot of these subdivisions have covenants on them ( especially around St Ives & Wahroonga) that specify detail such as building materials. For instance pre war it must have been a snooty thing to not have a corrugated roof or timber cladding. So we find that the covenants are so specific and will restrict the roof to terracotta tiles or the facade to brick, or if you want lightweight cladding it will say no more than 10% of the facade can be timber etc. The legal advice we have had is that these are still technically enforceable covenants 80-100 years later. I have always wondered though, who is going to enforce them? If you go through CDC councils are too busy and useless to be checking and unless you have the crappiest neighbour in Australia, no one will care. So far though, non of our clients have helped me test my theory. Anyway, its an interesting issue Cheers Simeon Architectural Homes & Duplexes - specialising in custom designing homes to your budget Get a Free Onsite Consultation Today or send a PM for information, questions or advice. Re: Corner Lot — Double Storey Setback 9Jun 22, 2021 7:20 am FWIW, Upper storey setbacks in brick construction is easily achievable with Concrete Suspended Slabs I suspect the Sydney councils didn't want light weight flammable slums in Expensive areas surrounded by parkland (humour) 350 years on from the great fire of London we now have the Grenfell tragedy a reminder that bricks and concrete don't burn my2c Designer,Engineer (Civil,Const & Envir),Builder,Concrete & Masonry Contract.Struct Repairs Re: Corner Lot — Double Storey Setback 10Jun 22, 2021 1:51 pm Mitchetto Mblgggg1 Hi Mitchetto, How’s your experience on this? We are also facing the same issue now. The floor plan that we want doesn’t comply with the 900mm setback on the 1st floor. Were you able to get an exemption from Whittlesea council? Regards, Mabel Hi Mabel, We ended up not going the corner block sorry, so cannot speak from first hand experience! Have you purchased the block? There were some builders we found who had designs which likely complied Feel free to send me an inbox message if you want to have a chat on it further, happy to have a call as well if that is helpful / useful (from what I had observed before purchasing an alternative block). PM sent 😊 Re: Corner Lot — Double Storey Setback 13Sep 23, 2021 10:32 am It's same Victoria and whittelesea council. Also a house near by our lot but in different estate have build a corner lot without 900mm setback. So is it based on developer's guide and not with council requirements? Re: Corner Lot — Double Storey Setback 14Apr 04, 2022 3:45 pm cmani_19 It's same Victoria and whittelesea council. Also a house near by our lot but in different estate have build a corner lot without 900mm setback. So is it based on developer's guide and not with council requirements? Hi cmani_19 how were you able to proceed with this? Did you have to have to follow the 900mm requirement? Re: Corner Lot — Double Storey Setback 15Apr 04, 2022 4:55 pm Mblgggg1 cmani_19 It's same Victoria and whittelesea council. Also a house near by our lot but in different estate have build a corner lot without 900mm setback. So is it based on developer's guide and not with council requirements? Hi cmani_19 how were you able to proceed with this? Did you have to have to follow the 900mm requirement? You can file a application with council for getting exemption, council will go through your petition and then they will ask opinion from the people in your area. If they approve only if on one objects it. Else they will reject it. So withdraw the application for other factor. Re: Corner Lot — Double Storey Setback 16Apr 04, 2022 4:57 pm cmani_19 Mblgggg1 cmani_19 It's same Victoria and whittelesea council. Also a house near by our lot but in different estate have build a corner lot without 900mm setback. So is it based on developer's guide and not with council requirements? Hi cmani_19 how were you able to proceed with this? Did you have to have to follow the 900mm requirement? You can file a application with council for getting exemption, council will go through your petition and then they will ask opinion from the people in your area. They will approve only if no one objects it. Else they will reject it. We withdraw the application for other reason Re: Corner Lot — Double Storey Setback 17Apr 04, 2022 7:39 pm cmani_19 cmani_19 Mblgggg1 Hi cmani_19 how were you able to proceed with this? Did you have to have to follow the 900mm requirement? You can file a application with council for getting exemption, council will go through your petition and then they will ask opinion from the people in your area. They will approve only if no one objects it. Else they will reject it. We withdraw the application for other reason Yes, we need to follow 900mm setback requirements for double storey if you are not getting exemption from the council 1 4560 Hi Kristy Around $1.7-1.8m or around $4,600/sqm. if you PM me your email I will send you a break up in a spreadsheet so you can get an understanding of the costs for… 1 9925 Hi All, see above image. The required setback from the rear boundary in my case is 5m, as you can see the shape of the site and location of the boundary is slightly… 0 8431 |