Big help needed. scenario question

[ivszz]

Up

0

::

I hope im posting in the right area. I have a scenario question in regards to planning and environmental law and am really stuck. This is the scenario:

In 2013 the developer proposes to construct an additional dwelling on the land, being a flat. Specifically he intends to retain and extend the existing house on the block and to construct a new attached dwelling to the rear of the extended existing house stretching up towards the common rear fence. If approved, it will occupy most of the width of the block and the garages will be built under the new dwelling at a level some metres above street level.

This is based in Randwick Council. And this is the LEP http://www.randwick.nsw.gov.au/library/scripts/objectifyMedia.aspx?file=pdf/223/76.pdf&siteID=1&str_title=20120516_Randwick%20Local%20Environmental%20Plan%202012.pdf

I need to know what development type is it classified as, as defined in the applicable planning instrument?

Thankyou

[ivszz]

Up

0

::

It cant be a duplex because its a flat contains 3 or more occupancies. It has to be one of the following:
(a) attached dwellings,
(b) boarding houses,
(c) dual occupancies,
(d) dwelling houses,
(e) group homes,
(f) hostels,
(g) multi dwelling housing,
(h) residential flat buildings,
(i) rural workers’ dwellings,
(j) secondary dwellings,
(k) semi=detached dwellings,
(l) seniors housing,
(m) shop top housing,

[Osmond Mcleod]

Up

0

::

From your original post i am assuming there will be 2 dwellings once it is complete?

If the block is being subdivided it is classified as a semi detached dwelling:

semidetached dwelling means a dwelling that is on its own lot of land and is attached to only one other dwelling.

If it is to remain one lot it is a dual occupancy

dual occupancy (attached) means 2 dwellings on one lot of land that are attached to each other, but does not include a secondary dwelling

If you are reviewing documents and have access to a Statement of Environmental Effects that would be submitted to council, it should state the development type at the beginning of the document

[ivszz]

Up

0

::

Osmond Mcleod, post: 171996 wrote:

If the block is being subdivided it is classified as a semi detached dwelling:

semidetached dwelling means a dwelling that is on its own lot of land and is attached to only one other dwelling.

If it is to remain one lot it is a dual occupancy

dual occupancy (attached) means 2 dwellings on one lot of land that are attached to each other, but does not include a secondary dwelling

If you are reviewing documents and have access to a Statement of Environmental Effects that would be submitted to council, it should state the development type at the beginning of the document
It is to remain on one lot. however the definition of a secondary dwelling is :
secondary dwelling means a self-contained dwelling that:
(a) is established in conjunction with another dwelling (the principal dwelling), and
(b) is on the same lot of land as the principal dwelling, and
(c) is located within, or is attached to, or is separate from, the principal dwelling.

but dual occupancy says it cant be secondary dwelling, but it sounds like a secondary dwelling right? thanks for your help by the way. much appreciated. struggling to get my head around this

[ivszz]

Up

0

::

Osmond Mcleod, post: 171996 wrote:

From your original post i am assuming there will be 2 dwellings once it is complete?

If the block is being subdivided it is classified as a semi detached dwelling:

semidetached dwelling means a dwelling that is on its own lot of land and is attached to only one other dwelling.

If it is to remain one lot it is a dual occupancy

dual occupancy (attached) means 2 dwellings on one lot of land that are attached to each other, but does not include a secondary dwelling

If you are reviewing documents and have access to a Statement of Environmental Effects that would be submitted to council, it should state the development type at the beginning of the document

It is to remain on the same lot. Dual occupancy does not include a secondary dwelling. But by secondary dwelling which is:
secondary dwelling means a self-contained dwelling that:
(a) is established in conjunction with another dwelling (the principal dwelling), and
(b) is on the same lot of land as the principal dwelling, and
(c) is located within, or is attached to, or is separate from, the principal dwelling.

i cant figure out if it is a secondary dwelling or not. Thanks for helping me get my head around this.
oh and forgot to mention it is an assignment question and it is asking:
2. Characterise the proposed flat, that is, what development type is it, as defined in the applicable planning instrument? (2 marks)

[Osmond Mcleod]

Up

0

::

Its probably not a secondary dwelling.

Secondary dwellings are based on floor areas. You need to establish if the second dwelling is small enough to count as a secondary dwelling, but by the sounds of your OP its not.

[Osmond Mcleod]

Up

0

::

Compare your dwellings to this to establish secondary dwelling,

Clause 5.4

If development for the purposes of a secondary dwelling is permitted under
this Plan, the total floor area of the dwelling (excluding any area used for
parking) must not exceed whichever of the following is the greater:
(a) 60 square metres,
(b) 10% of the total floor area of the principal dwelling.

[ivszz]

Up

0

::

ok so definitely dual occupancy (attached) makes sense

Thankyou so much

[Osmond Mcleod]

Up

0

::

Not sure this is a ‘help with your homework’ forum, but your welcome.

[Author]

Posts