Moved by
Councillor Scott, seconded by Councillor Chan –
It is
resolved that:
(A)
Council
note:
(i)
a party wall is a dividing partition
between two adjoining buildings that is shared by the occupants of each
residence or business. Each
building supported by the party wall is entitled to be supported by the whole
wall and
the wall is protected by cross easements benefitting both owners. The easements
do not give the person who has the benefit of the easement a right to
possession of the land (i.e. make them an owner of the land);
(ii)
as
such, owner’s consent for the lodgement of a development application is only
required where the development proposed straddles the property boundary;
(iii)
the
court has determined that owner’s consent can be obtained at any time prior to
the determination of an application and is not a requirement prior to
lodgement;
(iv)
where
development is proposed that involves works adjacent to a party wall,
conditions will typically be imposed on any consent requiring that all works
are carried out within the boundary of the site; and
(v)
the
City would benefit from a clear and accessible statement, for example on the
City’s website, clarifying the requirements of carrying out works associated
with a party wall and how it relates to the development application process;
and
(B)
the
Chief Executive Officer be requested to:
(i)
create
a clear and accessible statement on the City’s website clarifying the
requirements of carrying out works associated with a party wall and how it
relates to the development application process; and
(ii)
provide
an update to Councillors on outcomes via the CEO Update.
Carried
unanimously.
X086655