Can the upper floor eaves of a double storey house overhang on the maintenance easement on the burdened lot?

Ruchir made this Government Information (Public Access) request to Blacktown City Council

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Dear Blacktown City Council,

Query related to Lot 22 in DP1258639 (Folio Identifier 22/1258639)

In the above lot of land, there is a zero lot line (on the left) and a 900 mm maintenance easement on the right. Can I construct a double storey house with the upper floor eaves (450 mm) overhanging on the 900 mm maintenance easement on the right?

From the BLACKTOWN CITY COUNCIL GROWTH CENTRE PRECINCTS Development Control Plan, I see the below:

“Where a zero lot line is nominated on an allotment on the subdivision plan, the adjoining (burdened) allotment is to include a 900mm easement for single storey zero lot walls and 1200mm for two storey zero lot walls to enable servicing, construction and maintenance of the adjoining dwelling. No overhanging eaves, gutters or services (including rainwater tanks, hot water units, air-conditioning units or the like) of the dwelling on the benefited lot will be permitted within the easement. Any services and projections permitted under Clause 4.4 (6) within the easement to the burdened lot dwelling should not impede the ability for maintenance to be undertaken to the benefitted lot”

Since the lot is a burdened lot (towards the right where the easement is), and the adjacent lot on the right will have the single storey garage at the zero lot line, I believe overhanging eaves on the first floor will not impeded the ability for maintenance to be undertaken to the benefitted lot.

Please let me know if more details are needed.

Yours faithfully,
R.R.A.

Blacktown Council, Blacktown City Council

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Ben Budge, Blacktown City Council

Good morning Ruchir,

Nothing is to overhang the maintenance easement (eaves, services etc) from the ground floor. The first floor eaves can overhang the easement.

Kind regards

Ben Budge
Building Surveyor

[email address]
PO Box 63 Blacktown NSW 2148
www.blacktown.nsw.gov.au

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