Complying Development

12 - Complying Development

Complying Development

Boundary Adjustments And Rectifying An Encroachment

When: The boundary adjustment or rectifications of an encroachment does not result in the creation of an additional allotment or the consolidation of a number of allotments and meets the specification of what is and what is not complying development, as outlined below:

  • Shall not result in any building contravening the deemed to satisfy provisions of the BCA.
  • The adjustments or rectifications will not create any additional allotments.
  • The boundary adjustment or rectification will not result in any building contravening the conditions of any development consent applying to the site.
  • Does not result in the need to create an 88B Instrument. For example to extend any easements or rights of carriage way.
  • Shall not result in an alteration to the physical of legal access to the allotment.
  • Does not result in the requirement to alter infrastructure, such as services or drainage, on an allotment.
  • The boundary adjustment or rectification of an encroachment will not adversely effect any structure's compliance with the BCA. For example, egress, fire rating, fire fighting facilities.
  • Must comply with the requirements of the Conveyancing Act.
  • The rectification of an encroachment must be for the purposes of correcting an encroachment of an approved structure.
  • The boundary adjustment does not result in a non compliance with the following minimum allotment sizes:
    • 670m2 for a dwelling house in any permissible residential zone on a battleaxe allotment
    • 550m2 with a 15m frontage at the front alignment of the building for a dwelling house in any permissible residential zone
    • 600m2 for a dual occupancy in any permissible residential zone.