The Wake decision does not provide the necessary level of clarity on the actual scenario of when Faversham Mews` authority should be preferred over existing ground levels. Prior to Faversham Mews Pty Ltd v. Boroondara CC [2016] VCAT 1954 (`Faversham Mews`), NGL was generally understood as the ground level of the site existing at the time of the building permit application. [22] I know that the Faversham Mews Court did not follow this case law, but concluded that the natural ground level was the level of the land about 60 years ago, before it was disturbed by the construction of the existing building. This decision was made in respect of land on which there was an existing multi-storey dwelling and on which land surveyors were summoned to testify on the levels of the land. I acknowledge that the applicants provided me with a historic elevation plan and made representations about what they thought was underground, based on conversations with various people, but this is not the kind of evidence that would be needed to determine how high the site levels might have been at any given time. In any case, it is of little importance because I consider Faversham Mews to be a case based on his particular facts, which are different from those that preceded me. Often, it is not a zoning issue. The usual situation is that two neighbors have made an informal agreement to share a driveway between their two properties.
Unless this agreement has been recorded in the deed of ownership by designating an easement, your neighbour has the right to erect a fence at the edge of his property. You can contact a lawyer to review the deed or, if you still suspect that the fence is illegal, you can contact the Department of Buildings to request a visit from an inspector. If your property has both an R designation and a C1 or C2 designation, your property is in a so-called «commercial overlay». This means that you can build a commercial residential building on the ground floor (or in some cases, two commercial floors). Other types of combinations are often caused when a property crosses the boundaries of a zoning district. The special provisions in Chapter 7 of Article VII explain how you can determine which rules of height, bribes, floor area and use apply to your property. [23] Based on the case law on this point, including the decision of the Supreme Court of Victoria in Shire of Gisborne v King & Anor and the decision of the Court of Justice in Lampard/Bayside CC and Benedetti/Moonee Valley CC, I find that the natural ground level of the area is the level that appeared or existed immediately prior to the filing of the application. This is the ground level indicated in both the approved permit plans and the plans related to the amendment application.
The end result at Faversham Mews was that the NGL of the plot was at the level about 60 years ago, before it was disturbed to build the existing dwelling. The court found that these were the point plans and contours indicated on the plaintiff`s level plan with the necessary interpolations for disturbances in the basic area of the building and the footprint of the surrounding outbuildings. It can also refer to the ground level that has not been built. The ground level before excavation or filling is called «natural ground level» while «finished ground level» is when it has been «finished» with pavers, asphalt, landscape grass, etc. «Ground level Merriam-Webster.com Dictionary, Merriam-Webster, www.merriam-webster.com/dictionary/ground%20level. Retrieved 9 November 2022. If there is any doubt about the NGLs of an area, it would be desirable to hire a surveyor to determine the existing soil levels while determining the pre-development level of the area. The most conservative approach would then be to calculate the height of the building from the lowest point of the two surveys. It follows from previous VCAT decisions that the NGL depends on whether the site has undergone significant earthworks in the past and whether evidence can be provided to provide sufficient evidence of the level of pre-development at any given time. This was again taken into account in Faversham Mews, which examined a site with a multi-storey residential building where surveyors were called as witnesses to testify at the site level prior to the existing development.
The decision concerned a different approach for NGL with regard to a site that had been the subject of extensive earthworks in the past. The Court concluded that it was important to consider the following: If you are in a residential neighbourhood, you may be able to convert the ground floor of your building into a «community facility» – this could include a wide range of non-profit uses such as schools or places of worship. as well as medical tenants such as doctors` or dentists` offices.