Jun 25, 2019 12:48 pm
I'm a newbie to the group and so far enjoying reading all the threads. I find the information to be very valuable, especially for a first home buyer like me.
I'm looking for some help here and I hope someone in this forum can shed some light on the below topic...
I'm looking at buying a land in North Kellyville (Hills Shire council), NSW with a frontage of 12.2 sqm. However, I've been told that as per the Council planning document (https://www.planning.nsw.gov.au/~/media/Files/DPE/Plans-and-policies/north-kellyville-precinct-development-control-plan-march-2018-17042018.ashx), I'm only allowed to get a single garage (NOT a double garage), as my lot is under 12.5 sqm (mine is 0.3m short). To clarify this, I rang the council and spoke with couple of town planners but I've got completely different answers from each one as below.
First one mentioned that the double garage for <12.5m is non-compliant (as per planning), and that I need to request for variation with Statement of Environmental affects. And also he talked about the impact of the garage dominance aspect that needs to be looked at by the Architect if I need to get the double garage. He mentioned that they can only approve on the basis of the plan once its lodged.
Second one mentioned, Its not possible for me to apply for variation at all if its not allowed in planning document. So I'm confused.
I've been told by some builder that, I could go through private certifier (such as CDC), and get the double garage - CDC allows to build homes with double garage if the lot frontage is over 12sqm. However, I can't get more floor area to build as CDC allows lot less floor area to build than what council usually approves for. As per CDC, I can only build 32sq house max, where as with council, I can build upto 38sq -but then I can only get single garage (which is not ideal)..
My question is did anyone gone through the Hills shire council variation process and got a green light for Double garage for a lot less than 12.5 sqm? If so, can you share your experience please? Is there anything i need to consider before I exchange the contract for the land? Thanks in advance
Re: Double Garage in North Kellyville, NSW2
Jun 25, 2019 12:59 pm
Private certifier is always acting in the interest of council. You are talking about NSW wide "fast track" CDC approval (which stands for complying development certificate) and it is different from DA (development approval) issued by the council and is based on different set of requirements.
I would say that you can probably give a call to council and ask them nicely if they will be able to approve double garage for your 12.2 m as the difference is only 30 cm. You can tell them that you can put the garage itself a little bit narrower, too.
Re: Double Garage in North Kellyville, NSW3
Jun 26, 2019 1:48 pm
Council regulations are guidelines, and open to interpretation by council members themselves … when you ask for approval via the standard council Development Application process, they can allow you to bend some rules, usually by asking you to do something that compensates for whatever the reasoning is for the rule (so in the case of a garage that takes-up lots of the frontage, they'll need something which visually reduces that visual blight that is a big garage door - maybe you could install two doors & make one look like a wall?). Problem is that when you go with the standard DA process, they can also decide on a seemingly ad-hoc basis that they don't like what you're doing and demand other requirements that they've made-up on the spot.
It's possible you might get some leeway; but I'd be uncomfortable buying a block when I didn't know what the council would say. And the opinion of one person over the 'phone now isn't binding upon whoever signs-off on your completed Development Application - you might get a different opinion then than now.
Complying Development Certificates, however, are not open to negotiation in any way - you MUST always stick by those rules --> but they also won't be changed on you.
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