Easements, Setbacks and Trees can cause major dilemmas

If you have attended any of my auctions in the last few years you will know that I believe in three things principal things when it comes to earth.

  1. Make sure the earth is flat.
  2. Ensure that there are no significant trees where you might want to extend or expand.
  3. Know where the easements and setbacks are.

Canberra has several pieces of draconian legislation. The Tree Protection Act 2005 is not one of them. Protecting trees, in what is the bush capital is important.

However, having a tree right where you want to build is a major dilemma and if it meets specific size and dimensions then you may need the approval to remove it.

If you are one of my clients I can let you know if the tree is protected or regulated and the likelihood of removal and actually help with the process.

Flat Earth – Having a long northern boundary is paramount – having a flat block is so important if you have plans to do anything structural on the property in the future.

The most unknown and significant element to consider when buying on the basis of earth is the easements that impede the block.

Canberran’s have been sold a pup with the Utilities Act. Here is the short of it. The Utility providers: water, power and stormwater empowered by various Acts of the ACT Parliament have universal (excuse the pun) control over what and where you can build. There is no right of appeal. NIL.

So if they say they need a 5-meter setback and 3-meter access – you must comply and the development must adhere to their demands.

Before you bid or buy we can provide a planning assessment report detailed and concise it will educate to zoning, easements and topography of your target property.

Before you bid or buy we can provide a planning assessment report


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