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Underlying Factors or Risks When Subdividing

 

There are underlying factors or risks, which may prevent YOUR property in obtaining the necessary subdivision permits.  We have outline a few below:

  • Zonings: we have seen many cases where a property on one side of the street is zoned differently to one on the other side, which may prohibit or discourage the development of a new dwelling.
  • Design and development overlays: where you may find that a particular overlay may restrict the height or perhaps size of a proposed development and in some case’s the subdivision of the land itself.
  • Easements: some properties have easements, which in some cases will determine whether the land can be developed or not.  An easement may also inhibit dwelling size and driveways, and only allow for carports instead of garages.
  • State and local Councils: many times we have been approached by inexperienced property developers who have purchased property based on the ‘one next door’ method of assessment.  The ‘one next door’ may have had up to 3 or 4 dwellings constructed on it so you think you should be permitted to do the same, you go ahead, then you discover the property next door was granted a permit prior to local Council or State Government changes and due to such changes, only 2 or fewer dwellings are now permissible.  So, in such a scenario, under the new and current information, you discover the property suddenly does not stack up as a profitable development.  In some cases like these, a series of consultants have been engaged to form an application for submission to Council, only to discover that the property does not meet the new requirements!

 

Other factors that may come into play when trying to obtain a Permit are as follows:

  • The objections of neighbours,
  • Residential code requirements, such as over-looking and shadowing of neighbours properties,
  • Private open space,
  • Space for turning circles in drive ways,
  • Underground authority assets,
  • Neighbourhood street scapes and
  • State and local Council objections.