Development plan DP1218925 - Easements for zero line lot maintainence

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

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Dear Blacktown City Council,

Could you please advise whether a zero line lot be approved by you without an easement in the adjacent lot for maintenance support?

To be precise, I am purchasing a zero line lot with house in Schofields. As per plan,the garage come in the boundary WITHOUT easement in adjacent lot to maintain it.

In my view, this lack of easement will create serious of issues in future in maintaining the outer wall of the garage.

Does the council approve this kind of plan for zero line lot without easement in the adjacent lot?

If it approved, please answer how can I access the outer wall without getting into adjacent lot?

Also, please share the notifications made for subdivision of DP - 164/1218925 related to easements.

Yours faithfully,
Rajesh Mani

Emmanuel Boachie-Poki, Blacktown City Council

Dear Rajesh,

I refer to your email enquiry on whether a zero line lot would be approved by Blacktown City Council without an easement in the adjacent lot for maintenance support.

Council does not approve zero line lots without easement in the adjacent lot.

I refer you to the Blacktown City Council Growth Centres Development Control Plan 2014 (GCDCP 2014 p.35) which states that:

"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".

Just as you stated, the lack of easement will create series of issues in future in maintaining the outer wall of the garage.

However, you did not provide me enough information with regards to the address, lot and deposited plan number of the lot in question, as a result I am unable to provide comments on the lot.

I trust this information is of assistance. Should you wish to discuss this please contact me or the Gateway Planning Team on 9839 6000.

Regards,

Emmanuel Boachie-Poku
Town Planner - Development Services

BLACKTOWN CITY COUNCIL
P: 02 9839 6000 ]
E: [email address]

We specifically have not referenced the required width of the easement as the GCPDCP references easements of either 900mm or 1200mm depending on whether the building observing the zero lot line is single or double storey.

“The wall of any dwelling erected on the lot hereby burdened, is not to be within 900mm of the side boundary unless there is a registered maintenance easement on the adjoining property, extending the length of the wall.”

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