E17 Access getting blocked with a fence
Dear Blacktown City Council,
I have built my garage 180mm away from the boundary next to my next door easement. While his house is still being built, I said hello and he told me that he will going to fence that boundary which will block access to my garage wall. I am ok but my problem is it is not going to be easy for us if we need to maintain or service my garage wall for termite and pests, gutters etc which is the purpose of easement and will cost more to have the fence removed every time we need to do something.
What is a better alternative for him to be able to cover my wall and the same time ease of access to my side of the wall.
Yours faithfully,
marcus
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Good afternoon Marcus,
Please see attached from the Growth Centres DCP:
3.1.2.3 Zero-lot lines
17. Where a zero-lot line is nominated on an allotment on the subdivision plan, the adjoining
(burdened) allotment is to include a 900 mm easement for single storey zero-lot walls and
1200 mm 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.
18. The S88B instrument for the subject (benefited) lot and the adjoining (burdened) lot shall
include a note identifying the potential for a building to have a zero-lot line. The S88B
instrument supporting the easement is to be worded so that council is removed from any
dispute resolution process between adjoining allotments.
For more information, refer to the Department of Planning, Industry and Environment Delivery
Notes: Zero-lot Boundaries and Building Envelope Plans.
In short your neighbour cannot build a fence that impedes the ability for you to perform maintenance in this area. It is recommended that the garage wall remain clear of obstructions.
Kind regards
Ben Budge
Building Surveyor
[email address]
PO Box 63 Blacktown NSW 2148
www.blacktown.nsw.gov.au
Dear Ben Budge,
I had a chance to talk to him and apparently he showed me his plans and has a DA approval to extend the fence up to the easement from 23meters from the back.
Did council made a mistake approving this considered this is a zero block? Below is a copy of my land contract for my land and neighbor.
https://drive.google.com/file/d/1tqcwFp-...
Thank you for answering.
Yours sincerely,
marcus