Browse Forums Building A New House 1 Jan 23, 2014 8:24 pm Hi, I am planning to build a new house and a granny flat. They recently passed a new law requiring garages to be set back by 1 meter from the house frontage, so to make sure the garage door "does not dominate the building" and to improve the overall look of the new house. I am going through a DA, so I may be able to deviate from some rules if I manage to provide a good argument for it. What I want to do is to bring garage forward by 1 meter from the house frontage, not backwards. My reasons for that are: - I want to preserve more of the backyard - My lot is sloping away from the road, which makes it more expensive to build if I have to build further from the road. - I am on a corner block and my block is irregular shape (sometimes irregular shaped blocks allow you to get some "discounts" from the council) - It is a small quiet street with only 3 houses on this side of the street, so not many people will see it - There is very dense plantation on the side where the other two houses are, so even fewer people will see it - I am happy to use some shrubs to disguise the other side - Nearly all of the houses on the street have the garage either in line with the building or coming forward from the building line. - My lot is very wide and not very deep, so every meter of depth counts and given it is so wide, there is no way that the 6 meter wide garage door would dominate a 19 meter wide building - I simply believe it is a stupid law and the government should pay people compensation for intervening so much with the design of their houses. This is the link to the picture of my lot with the desired footprint of the building. http://www.flickr.com/photos/roustam/12100202736/ What do you think my chances are of getting to build it my way? What would be a valid reason to convince the council to make an exception from the rule? I am in Ryde, NSW Thanks. 2014 30/05 $3900 25/08 Contracts 02/10 DA submitted 2015 17/02 DA approved 02/04 Colors 10/04 Demo 09/07 Construction start 27/07 Fill 15/08 Slab 21/09 Frame 2016 08/01 Bricks Re: Garage has to be set back by a meter 2Jan 23, 2014 8:42 pm I just skimmed Ryde's DCP.
I don't like your chances. Yes you can have a 2m setback from SW street, but seeing as this is an existing built up area, I can't imagine they'd let you encroach on either the 6m front setback to dwelling (NW side) or 7m garage setback. Re: Garage has to be set back by a meter 4Jan 23, 2014 8:48 pm Well, until recently everyone was bringing their garages forward and the houses don't look ugly. Nearly all of the houses on the street (which were built before that stupid law passed ) have garages coming forward 1 or 2 meters. My house will be very wide, so the garage won't dominate the building. Why can't I have exception from this rule? Sometimes councils allow this if you give good argument for it. 2014 30/05 $3900 25/08 Contracts 02/10 DA submitted 2015 17/02 DA approved 02/04 Colors 10/04 Demo 09/07 Construction start 27/07 Fill 15/08 Slab 21/09 Frame 2016 08/01 Bricks Re: Garage has to be set back by a meter 5Jan 23, 2014 8:48 pm Hi Fisher75. Are you planning on building a single or double storey? Do you have a house plan yet? Maybe there is a way of maximising your usable areas in the house using your plans wisely? Re: Garage has to be set back by a meter 6Jan 23, 2014 8:52 pm Fisher75 They recently passed a new law requiring garages to be set back by 1 meter from the house frontage, so to make sure the garage door "does not dominate the building and to improve the overall look of the new house" I can't help with your question I'm sorry, but I wanted to wish you well. IMO the fact that you only want to do what other houses in the street have already done should support your case. All your reasons sound valid and I hope the council listens. I agree the one metre back rule is stupid. I heard of it somewhere years ago. I wonder who started it and how many councils now use it. I have seen really ugly front facades with the garages set far back or even hidden, and I have seen beautiful houses with very prominent garages. It's a really simplistic and silly rule. Re: Garage has to be set back by a meter 7Jan 23, 2014 9:01 pm jodge Hi Fisher75. Are you planning on building a single or double storey? Do you have a house plan yet? Maybe there is a way of maximising your usable areas in the house using your plans wisely? It is going to be a double storey. I have a compliant development plan (the architect tried to convince me it is no difference to DA), but it takes up most of my backyard. I have another unfinished plan with only building footprint on it, which is a bit better, but still wastes a lot on the backyard. Here are some plans: http://www.flickr.com/photos/roustam/12100249264/ http://www.flickr.com/photos/roustam/12100161083/ But I want so save as much of the backyard as possible and none of them achieves that. 2014 30/05 $3900 25/08 Contracts 02/10 DA submitted 2015 17/02 DA approved 02/04 Colors 10/04 Demo 09/07 Construction start 27/07 Fill 15/08 Slab 21/09 Frame 2016 08/01 Bricks Re: Garage has to be set back by a meter 8Jan 23, 2014 9:02 pm I see there's a couple of new homes on a block of similar size and shape to yours, just two houses SE on the corner. They look to have some very minimal setbacks. So maybe you'll be fine. I would request to view their site plan (freedom of information) and use that as supporting evidence. That seems to be the nearest, newest construction. Re: Garage has to be set back by a meter 9Jan 23, 2014 9:10 pm MadamImAdam I see there's a couple of new homes on a block of similar size and shape to yours, just two houses SE on the corner. They look to have some very minimal setbacks. So maybe you'll be fine. I would request to view their site plan (freedom of information) and use that as supporting evidence. That seems to be the nearest, newest construction. The problem is the council would say, that they were build before that stupid law. When did they pass it btw? A house just across the road has its garage coming forward. Heaps of houses on the street and in the suburb have it the same way and they are not ugly. 2014 30/05 $3900 25/08 Contracts 02/10 DA submitted 2015 17/02 DA approved 02/04 Colors 10/04 Demo 09/07 Construction start 27/07 Fill 15/08 Slab 21/09 Frame 2016 08/01 Bricks Re: Garage has to be set back by a meter 10Jan 23, 2014 9:12 pm I would say go visit a planner and get them to write a report to be submitted to council. We employed a planner for our build who provided a letter of support to council. In the area that we built which was also an already established area we were advised that we could not have a single wall greater than 6 metres high, we disputed this with council stating that lots of other houses had this and they told us that rules change all the time and what was fine 10 years ago isn't now. What can you do, we just picked our battles but tried to adhere to all the rules. I guess when you go to submit your plans they will just be a category 2 or 3 application which will require DAP approval. (at least that is what it is called in my council area) Re: Garage has to be set back by a meter 11Jan 23, 2014 9:15 pm Council adopted the City of Ryde Development Control Plan 2010 on 16 June 2009 and the Plan came into effect on 30 June 2010. http://www.ryde.nsw.gov.au/Development/ ... ntrol+Plan Re: Garage has to be set back by a meter 12Jan 23, 2014 9:18 pm MadamImAdam Council adopted the City of Ryde Development Control Plan 2010 on 16 June 2009 and the Plan came into effect on 30 June 2010. http://www.ryde.nsw.gov.au/Development/ ... ntrol+Plan If I come to the council and ask for all the plans approved since that date to see if they allowed a single house with a garage coming forward, would they let me see all of the plans? 2014 30/05 $3900 25/08 Contracts 02/10 DA submitted 2015 17/02 DA approved 02/04 Colors 10/04 Demo 09/07 Construction start 27/07 Fill 15/08 Slab 21/09 Frame 2016 08/01 Bricks Re: Garage has to be set back by a meter 13Jan 23, 2014 9:41 pm You can always seek an exemption to a control if you have well prepared documentation for it. Part of what is key to the development controls listed is being sensitive to the streetscape and surrounding buildings. It's even noted clearly in that referenced document. If you can show in your plans and elevations that the proposed garage does not dominate the facade and that it follows precedent for the other properties in the street - include photos of adjoining properties and other properties in the street that support your claim - and then you may get approval. Completed a knock down and rebuild in northern Melbourne. Handover completed 27/09/2013 and now moved in. Re: Garage has to be set back by a meter 14Jan 23, 2014 9:50 pm Bluesuede and that it follows precedent for the other properties in the street . Even if they were built before the new DCP? 2014 30/05 $3900 25/08 Contracts 02/10 DA submitted 2015 17/02 DA approved 02/04 Colors 10/04 Demo 09/07 Construction start 27/07 Fill 15/08 Slab 21/09 Frame 2016 08/01 Bricks Re: Garage has to be set back by a meter 15Jan 23, 2014 9:54 pm Fisher75 Bluesuede and that it follows precedent for the other properties in the street . Even if they were built before the new DCP? Yes. You want to play the "I want to build a house that is sympathetic to the existing streetscape" card. If you can show the council that a rigid application of the development controls are going to result in a build that looks out of place in your neighbourhood, then you've got a chance for an exemption to that particular control. They will be less interested in how much backyard you end up with or whether you'll plant some shrubs. Completed a knock down and rebuild in northern Melbourne. Handover completed 27/09/2013 and now moved in. Re: Garage has to be set back by a meter 16Jan 23, 2014 10:00 pm Why don't you engage an architect that knows the rules and get them to sort it out? Re: Garage has to be set back by a meter 17Jan 23, 2014 10:34 pm wood bang Why don't you engage an architect that knows the rules and get them to sort it out? Architects know the rules, but they want to follow the path of the least resistance. My architect gave me a compliant development design and tried to sell me that setbacks will be the same, perhaps even better then with a DA. The design is horrible in terms of the backyard use. 2014 30/05 $3900 25/08 Contracts 02/10 DA submitted 2015 17/02 DA approved 02/04 Colors 10/04 Demo 09/07 Construction start 27/07 Fill 15/08 Slab 21/09 Frame 2016 08/01 Bricks Re: Garage has to be set back by a meter 18Jan 23, 2014 10:39 pm I remember quoting your job a while back, you still haven't lodged yet? Re: Garage has to be set back by a meter 19Jan 23, 2014 10:42 pm wood bang I remember quoting your job a while back, you still haven't lodged yet? No, not yet, but found the builder, sorted the finances and started on the plans. It wasn't that long ago though. 2014 30/05 $3900 25/08 Contracts 02/10 DA submitted 2015 17/02 DA approved 02/04 Colors 10/04 Demo 09/07 Construction start 27/07 Fill 15/08 Slab 21/09 Frame 2016 08/01 Bricks Thank you so much. This has been very helpful. We definitely wish to settle and get these people out of our life. They are trying to charge us interest on late… 7 14187 My land is 260m2 (10m x 26m) located in claymore NSW. Under campbelltown council. I know in general the following setbacks would apply ground floor side setback =… 0 6868 |