All Topics / Help Needed! / what type of separate title can be done when council and WAPC refuse green title

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  • Profile photo of IsabeauIsabeau
    Participant
    @isabeau
    Join Date: 2021
    Post Count: 0

    I own a 3 acre block zoned Development in council TPS and Urban Deferred in the MRS in WA. It has one title and 2 existing houses but informal odour buffer restricting subdivision. No formal legal buffer has been gazetted but council and WAPC call it a buffer and write on maps there is a buffer and say no residential intensification in a buffer is allowed and they argued in SAT that creating 2 green titles is intensification of residential creating two lots where there was one. Divorced and exhusband forcing me to sell so he can get out of joint loan and outside this illegal buffer area council has approved on same size 3 acres between 44 and 72 lots. I want to sell each house on 600m2 of land leaving me with the remaining 2 1/2 acres and some money to fight for subdivision with money from the sale of both but how do I sell them? I thought tenbants in common but dont want new owners to be able to walk or use the whole of the land and worried how they would get finance and if they dont pay their mortgage for their portion could my land be sold to pay their debt? I read about strata or survey strata titles but can’t find out if council or WAPC have to approve survey strata or purple title also or can just Landgate approve it? The Water Corp have lobbied govt and Council to place a legal buffer but EPA refused in 2006 but all reports refer to a buffer and council drew a online constraints map with the wording of a buffer without any scientific buffer definition study or public submissions or recomendations to the Minister approval by Parliament nor published in the govt gazette. The Corp has for 20 yrs stopped residential subdivision or any development of 56 acres of prime urban land 5 mins from beach and restricted any uses. What type of title or how can I sell the two houses on land each buys without a formal green title subdivison or council and WAPC approval?

    Profile photo of Steve McKnightSteve McKnight
    Keymaster
    @stevemcknight
    Join Date: 2001
    Post Count: 1,763

    G’day,

    I understand why you’d want to post this to a forum board to get some idea of the issue, but given the specific nature of the question, and its complexity, I would urge you to seek the help of a town planner as soon as possible.

    Regards,

    – Steve

    Steve McKnight | PropertyInvesting.com Pty Ltd | CEO
    https://www.propertyinvesting.com

    Success comes from doing things differently

    Profile photo of David HallDavid Hall
    Participant
    @wiggles2
    Join Date: 2014
    Post Count: 66

    Hi There Isabeau

    Your best bet is to speak to Dan from Developed. 0424 975 902.  He achieves small miracles on a regular basis.  Give him the facts and he will give you an honest opinion.  Sounds like you might be off to JDAP.

    David Hall | Momentum Wealth
    http://www.momentumwealth.com.au/
    Email Me | Phone Me

    Buyers Agent

    Profile photo of Colin RiceColin Rice
    Participant
    @fms
    Join Date: 2011
    Post Count: 338

    As mentioned you need to seek professional guidance and not be afraid to pay for it, some good pointers above already.

    Colin Rice | CDR Finance
    http://cdrfinance.com.au/
    Email Me | Phone Me

    Perth Based Mortgage Broker - Investment Property Finance Specialist | E: [email protected]

Viewing 4 posts - 1 through 4 (of 4 total)

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