The NSW Land and
Environment Court has made a ruling on minimum apartment sizes which
could have implications for projects across the state.
The
decision, Botany City Council v Botany Developments Pty Ltd (No 2),
handed down by Justice Sheehan last week, surprised the industry by
turning established practice on its head and ruling that the key sizes
set out in State Environmental Planning Policy 65 were not those of the
widely used "rule of thumb" but the larger sizes set out in associated
table of the residential flat design code.
Tim Blythe, the regional director of planning consultants, Urbis, said the minimum standards for apartment size in the residential flat code were in stark contrast to the rules of thumb, which were widely accepted by the industry and consent authorities.
"If the minimum standards for apartment size in the residential flat development code are enforced this will have implications for current and future development applications for residential flat development in New South Wales," Mr Blythe said.
The proposed apartment sizes, with one-bedroom units at between 50.7 square metres and 67.5 square metres, did not meet the minimum standards of Botany City's Development Control Plan and Botany City rejected the proposal.
The developer went to the Land and Environment Court and won on the basis that the council could not refuse the project on the basis of apartment size because the sizes exceeded those set out in the state environmental planning policy's rules of thumb.
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Tim Blythe, the regional director of planning consultants, Urbis, said the minimum standards for apartment size in the residential flat code were in stark contrast to the rules of thumb, which were widely accepted by the industry and consent authorities.
"If the minimum standards for apartment size in the residential flat development code are enforced this will have implications for current and future development applications for residential flat development in New South Wales," Mr Blythe said.
Under the rules of
thumb, the minimum size for a one-bedroom apartment is 50 square metres.
Under the residential flat development code table, the minimum for a
one-bedroom cross through apartment is 58 square metres and 71.4 square
metres for a maisonette or loft one-bedroom apartment.
Similarly, the minimum size for a three-bedroom apartment under the residential flat development code table is 35 per cent larger than the rules of thumb
Mr Blythe said that if the minimum standards in the residential flat development code table became standard they would affect unit mix and apartment types, project feasibilities, and the general layout and design of apartment projects.
Ultimately it would affect affordability, he said.
The case was over a proposed development of 158 apartments,Similarly, the minimum size for a three-bedroom apartment under the residential flat development code table is 35 per cent larger than the rules of thumb
Mr Blythe said that if the minimum standards in the residential flat development code table became standard they would affect unit mix and apartment types, project feasibilities, and the general layout and design of apartment projects.
Ultimately it would affect affordability, he said.
The proposed apartment sizes, with one-bedroom units at between 50.7 square metres and 67.5 square metres, did not meet the minimum standards of Botany City's Development Control Plan and Botany City rejected the proposal.
The developer went to the Land and Environment Court and won on the basis that the council could not refuse the project on the basis of apartment size because the sizes exceeded those set out in the state environmental planning policy's rules of thumb.
Elite Wealth Creators have been involved in the property and finance industry for over 20 years. Our Investment Property Strategists deliver investment grade properties to the investment market and mediate between the developer and the investor. We also assist first home buyers in purchasing their first home in QLD through our house and land packages – this includes receiving $20,000 cash back towards their mortgage by buying one of our full turn-key packages.
Our service will take you through the complete process of buying positive cash flow property, including:
• educating you on positive cash flow and the ability to pay your mortgage off years in advance
• saving you thousands of dollars in interest
• supporting you in the decision on which property to buy
• assisting in the organizing of your finances, if required
• preparing you for settlement of contracts
• liaising with other professional advisers on your behalf if required.
Our Strategists specialise in delivering quality positive cash flow property and also helping investors pay off their mortgage years in advance
http://www.
sales@elitewealthcreators.com
1800 GO ELITE
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