Riverbend's seven acres is on seven separate titles, DP 758375 Sec 2 Lot 1, DP 758375 Sec 2 Lot 2, DP 758375 Sec 2 Lot 3, DP 758375 Sec 2 Lot 4, DP 758375 Sec 2 Lot 5, DP 758375 Sec 2 Lot 6, DP 758375 Sec 2 Lot 7, plus an access road that runs alongside it, DP 126109 Lot 1, and prospective buyers keep asking, "Could we buy just one block at the bottom of the property and build on it?"
Of course, they could buy just one block but, unless they are very enthusiastic campers, it wouldn't be of much use to them as it comes with no building permit - unless they're rich and famous in which case there may be a way around (I nearly wrote, "unless their name is Salim Mehajer", but he's blotted his copy-book ever since that big wedding).
Anyway, why not ask Council, I thought. After all, I'm paying my rates and taxes, and I had only a very modest wedding. And so I wrote:
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"Dear Council,
I am and have been the owner of 35-39 Sproxtons Lane in Nelligen for the past 25 years. This property is sub-divided into seven lots and an access road running alongside them. Being now in my 70s, I am reaching the point of downsizing and am occasionally being asked by prospective buyers if I could sell them just one or two of the seven lots. My usual response is that legally I could but that the individual lots would be of no use to them unless they had a tent, as Council probably wouldn't grant them a building permit. I have said this so many times now that I am beginning to wonder why? Not why I say this but why Council wouldn't issue a building permit; after all, the blocks at the bottom of the property are no lower than the lots near the bridge-end of Thule Road (the last vacant one of which was built on during my time here) or the large tourist park across the bridge. With today's building techniques - and indeed, the high-set "Queenslander" building techniques of yesteryears - there would be very little danger of losing any building to whatever flood may one day happen (if and when that happens, the whole of Batemans Bay may well become a new tourist attraction as "Little Venice"). Furthermore, the front of the property, Lots 1 and 2, is as high as the property across the lane, # 33 Sproxtons Lane, which not only has a building permit but in recent years also added to it with the conversion of a garage to a habitable B&B. Could you please enlighten me about the existing rules and the possibility of overcoming the existing restrictions?" |
Riverbend: A = Main House, B = Guest Cottage, C = Workshop/Laundry/Outdoor Bathroom/Carport, D = "Pizza Hut", E = "Horseshed", F = "Clubhouse", G = Library
1 sold for $950,000; 2 sold for $750,000; 3 sold for $750,000; 4 sold for $1,700,000
After the initial computer-generated reply which read, "Your email will be registered in our system and will be referred to the relevant staff member. If your email requires a response, we will respond within 10 working days", I heard no more from them for a good two weeks (I told you I'm not rich and famous, didn't I?) Eventually, this email arrived:
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"HI Peter,
Thanks you for your email to Council about the planning rules relating to your land at 35-39 Sproxtons Lane, Nelligen. I can advise that the land is currently zoned RU1 Primary Production with a small area of E2 Environmental Conservation covering part of a wetland. Under Eurobodalla Local Environmental Plan 2012 (LEP), no further subdivision or dwellings would be permitted on the land. Council has recently completed a Rural Lands Strategy and is now in the process of implementing the recommendations relating to the LEP, including some zone changes and reductions in minimum lot size to permit some further rural development. The Strategy made no recommendations for changes in relation to your land that would facilitate any further subdivision or dwellings. The Strategy does recommend some additional land uses be permitted with consent in the RU1 zone. Soon Council will be placing a Planning Proposal on public exhibition that outlines these and other changes. We will be writing to all rural land owners with details of the public exhibition and how people can make a submission. The properties at Thule Road near the Princes Highway are zoned E4 Environmental Living and dwellings are permissible with consent on these properties. Most of the dwellings have been there for a long period of time, prior to flood related conditions applying to building. One dwelling approved in 2000 was subject to conditions regarding flood impacts. Another approval was granted in 2012 for demolition of an existing dwelling and construction of a replacement dwelling, also subject to conditions regarding flood impacts. Both of these approvals were able to be issued because the land is appropriately zoned for dwellings and the proposed dwellings were able to comply with flood conditions. Your land is not zoned for additional dwellings. Any rezoning of your land to facilitate additional dwellings would not be able to be supported as it would not comply with directions issued by the Minister for Planning relating to development in flood planning areas. I have attached a copy of the relevant Ministerial Direction. I trust this clarifies the planning rules for you. If you have any further questions, please email Council at council@esc.nsw.gov.au" |
Well, there it was in black and white, "Blah, blah, blah, blah ..." Plain enough for any prospective buyer although not as plain as the photo I've been sending them whenever they asked, "Could we buy just one block at the bottom of the property and build on it?"
Blah, blah, blah, burble, burble, bloop, bloop ...
