A lot of people have fond memories of the sitcom " Happy Days " which was a staple of our television viewing from 1974 to 1984. It detailed the life of the Cunningham family - and Arthur " The Fonz " Fonzarelli who lived in a flat above the Cunningham's garage. Now the New South Wales government is considering legalizing such flats above the garages of new housing to alleviate the desperate shortage of affordable housing for singles in Sydney.
" Granny Flats " have been with us for years and in most cases they consist of a house extension that has been added to provide accommodation for an elderly relative. When no longer needed for that purpose, it is common for them to be let to a stranger, but they remain a part of the owners land title and consequently the home owner has complete control over the terms of the lease. The concept proposed for " Fonzi " flats is very different. The government is thinking of subjecting them to " strata subdivision ", meaning a totally different person to the person owning the house and land on which they are based has full legal title to the dwelling.
The planners would do well to think long and hard before they draft the law that will be necessary to implement this plan. It is certain to face strong opposition from some councils and the residents of what are termed " elite " suburbs. Many may not totally oppose the concept, just so long as strata title is not permitted to maintain control in the hands of the resident owner. Another bogey will be how the number of residents will be controlled. The aim is to provide affordable accommodation for the vast number of singles but surely it is inevitable that in many cases single will morph into double as the single finds a partner, and that raises the question of car parking. There is no prospect of on site car parking, hence street parking will raise the ire of many.
The present thinking behind this concept seems to be to limit " Fonzi " flats to inclusion solely in new dwellings, which probably means the bulk of them will be concentrated in the outer areas where new land is becoming available. They would be more valuable in countering the housing shortage in inner areas close to the city centre, but that would result in a mad scramble to increase earnings from existing sites - and probably result in unsuitable design being shoe horned ad hoc with little regard to the aesthetics of such inclusions.
The government would probably be wise to strictly limit this concept to " Greenfield " building or where demolition leads to an entirely new structure on an existing block. Adding to existing housing opens the door to malpractice - and the creation of new slums that bring the thought of creating " favellas ".
The other bogey is to tailor the rules and regulations that apply to the likely outcome of a court challenge. Many a statute that has been developed in good faith has not survived the capricious decisions of those that sit in judgement in the higher courts. We open a Pandora's box when we tinker with the law to usher in new definitions of title.
We certainly do need change to accommodate the needs of the hugely expanded numbers that will live in the city of Sydney in the near future - just so long as we do not create an out of control monster that later generations live to regret !
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