Pre Building Permit Due Diligence Uncovers Implied Easement

Beware Of The Hidden Dangers! Due Diligence Pays Dividends on this Unit Development in Pascoe Vale

3 Unit Development - Pascoe Vale

We were engaged by Chris to design a development on a site in Pascoe Vale. His brief was to maximise the site’s potential profitability return by designing three dwellings on the land. His ideal was to have two dwellings with 3 bedrooms and one dwelling with 2 bedrooms..

He provided a copy of title which was clear of any easements. A survey was also obtained which confirmed that the site was clear of easements.

Now, most designers would start off the design and get into the exciting art of creation. We also love to do this but have learned over the years that on some occasions there may be sewer or storm water pipes on one’s property where there are no easements.

Implied Easement

So we obtained the sewer encumbrance plan which showed no sewer pipes and then we obtained the Storm water legal point of discharge (Most designers obtain this information at the building permit stage). Well, thank goodness that we did! This information showed a massive 825mm diameter storm water drain running along the long side of the property. WOW!

We phoned the Council engineer and asked whether we would be given permission to build over the pipe. Not only did we receive an emphatic NO! He indicated that since that was a major arterial drain that we would not be able to build within 2m of the drain.

In reality Council would be placing a 3m wide easement along one side (the northern side) of the allotment.

Obtaining the Building Permit without Delays

So, we altered the design to account for the easement. The good news is that our client still obtained a permit to build three sizable dwellings on the allotment. All this on his first attempt, without having to resubmit plans to planning, or building, without the extra time delays, without the additional costs as the design took this constraint into account.


Note: All care is taken in researching this information, however, it is general in nature and may not be specific to your case. Independent professional advice should be sought before proceeding with any development.