Legislation And Definitions Flashcards
What is a easement
the use of essential services such as water and electricity somewhere in someone’s land for other properties. Easements include drains, pipes, gas and data cables etc.
Easement requirements
- No building is allowed directly on top of an easement but is allowed next to the easement as long as it doesn’t affect the easement
- Building next to the easement must provide full access to easement, must not cause damage to easement or weaken it for future damage
- also depending on the clearance from the local council.
Setback?
is the required horizontal distance between the front, rear and sides of the building. Usually measured from the building line to the building. Inside the horizontal distance no building is allowed.
Primary Road Setback?
- Minimum setback from a primary road is determined by the set-backs of the 2 nearest dwelling houses within 40m of the lot on the same side of the primary road.
- If there are no dwellings within 40m of the lot, then setbacks are determined by the lot size.
How is setback on primary road determined within 40m
The 2 nearest dwellings setbacks within 40m of the lot are added together and divided by 2 to determine the setback for main lot. Eg. 9000+9400=? Divided by 2 = lot setback from primary road
No 2 dwelling houses within 40m on same side of primary road?
Lot size. Min. Setback 200m2 - 300m2 3m >300m? _900m2 4.5m >900m?-1,500m2 6.5m >1,500m2. 10m
Side setbacks buildings
Dwelling houses, carports or garages, detached developments all require a side setback from boundary.
Side setbacks are determined on the width and height of the property.
Side setback minimum
900mm minimum
Rear setbacks
A dwelling house or any detached developments (garages, balconies, pergola,shed) must have a rear setback from rear boundary.
Attached DEVELOPMENT
means NOT more than 900mm from another building or structure. Attached developments include:
- access ramp
- Balcony, deck, patio, pergola
- Basement
- Carport
- Shed
Detached DEVELOPMENTS
means MORE than 900mm from another building or structure. Detached development include:
- Cabanas
- Sheds
- Pergola
- Carport
- Detached studio
Attached DWELLING
means a building containing 3 or more dwellings where;
- each dwelling is attached to another dwelling by a common wall
- Each of the dwelling is on its own lot of land and
- None of the dwellings is located above any part of another dwelling
Detached DWELLING
a building that contains one dwelling on a single plot of land that is not attached to any other dwelling.
Semi-Detached DWELLING
is a dwelling that is on its own lot of land and is attached to ONLY one other building
Articulation zone
means an area of lot in front of the building line (outside wall) which building elements are allowed to be located (balcony, porch) being an area measured from:
- one side of the boundary lot to the opposite side of the boundary lot.
Ancillary developments
is a variety of types of minor developments that would be used with the occupation and use of a dwelling or dual occupancy that usually have minimal environmental impact, these include:
- Carport
- Pergola
- Shed
- Balcony
- Detached studio
- Outbuilding
Exempt Developments
a development that doesn’t need any planning or approval. These include: depending on size of lot (PART 2 DIVISION 1 SEPP 2008)
- Access ramps SUBD.1
- Aerials, antennas and communication dishes SUBD.2
- Air-conditioning units SUBD.3
- Animal shelters SUBD.3A
- Automatic teller machines SUBD.3B
- Aviaries (bird cage) SUBD.4
Complying development
is a combined planning and construction approval for a development that can be done by a council or accredited certifier.
When can’t a Complying development be carried out ?
- within a heritage conservation area unless for detached developments
- On Land reserved for public purpose (parks) by an environmental planning instrument
- On land known as class 1 or class 2 on an acid sulfate soils map.
What are Classified roads ?
- A main road
- Highway
- Freeway
- Secondary road
- Tollway
Etc
Attached Dual Occupancy
Attached dual occupancy: 2 dwellings on 1 lot of land attached to each other
Detached Dual Occupancy
2 dwellings on 1 lot of land that are detached from each other.
Standard lot
A lot with a primary road