Understanding state environment protection plan - is there anyone i can ask to clarify interpretation?

Sezza on 03/09/2019 - 07:29

Hi, hoping to get some helpful advice on understanding nsw sepp.

We want to do an extension to our house. The existing house is slightly within 900mm of the boundary, and the extension is about 3m which we'd like to take to the boundary. Our lot is 10.5m wide. What i want to understand is whether this is acceptable as a complying development under sepp?

Reading through the nsw sepp it seems like it:
Maximum length of walls within 900mm of side boundary
The length of all walls within 900mm of a side boundary must not exceed the length shown in the following table:

Lot width at the building line

Maximum length of built to boundary wall

10m–12.5m = 10m

then it says:
Setbacks do not apply to existing parts of dwelling house or attached development The setback standards specified in clause 3.10 do not apply to any existing parts of a dwelling house or attached development that will remain on the lot after the complying development is carried out.

Our draftsman says that we can't build the extension to the boundary since the existing house is closer than than 900mm and it's longer than 10m.

So anyone know how i can find out if the drafter my interpretation is correct and we can build the 3m extension on the boundary as a complying development?

Who should i talk to confirm the correct interpretation of sepp nsw?

Thanks in advanced everyone!

Home & Garden

Comments

  • jason101 on 03/09/2019 - 07:57
    +3

    Google, planning consultant

    Best $1000 you’ll spend on your extension is getting a professional planning consultant to review and submit your application to local government, it will save you months/years of heart ache and redraws of your plans.

    Or

    If you have time, walk into your council with your professionally drafted plans, ask to see a planner at the desk and ask them to review your plans. Some may simply tell you to pay your fee submit the plans and wait, others may take the time to quickly review the drawings - if this is the case draw their attention to your concerns and articulate how you have best attempted to interpret the guidelines.

    Or

    If you have a good relationship with the council or planning team see if they’ll grant you a pre-da lodgement meting to discuss your matter. I am not sure if they do this for minor applications but you can always ask.

    In my experience, depending on the councils appetite for development they may be prepared to allow interpretation of some guidelines.

    • Sezza on 04/09/2019 - 03:23

      Hi thanks for the options, its super helpful!

  • GG57 on 03/09/2019 - 08:55
    +2

    It seems that you have consulted with a professional (draftsperson). If you are not happy with their advice, seek a second opinion.

    These people do this stuff all day every day.

  • seraphim2017 on 03/09/2019 - 09:20
    +5

    You've paid good money for good advice, but you don't like what the draftspersopn has said?

    Pay another one, but if they say the same thing, you've thrown your money away, and if you do it anyway, council will probably enjoy making your life hell removing it, at your own cost!

    You've done your due diligence, time to amend the plans to comply with the SEPP! Planning instruments may be annoying, but they're there to stop people being selfish and building up to their boundary, and then 'expecting' their neighbours to provide access every time they require maintenance, or allowing water to flow onto neighbouring properties. Don't be THAT neighbour!

    • [Deactivated] on 03/09/2019 - 09:54

      So much this! Please don't be that neighbour.

    • Sezza on 04/09/2019 - 03:25

      Of course definitely won't go against planning requirements - just wanted to understand my options to get further advice. Thanks for the feedback.

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