Apply for Council Consent

Overview

The Building Regulations contain a number of provisions where Council can decide on a variation to a proposal that does not comply with the relevant regulation, for example reduction of your front setback, building on land liable to flooding, or building a shed on vacant land.

Report & Consent

When applying for report & consent, you need to provide a supporting argument as to why you are requesting the change. These may include restrictions to the property or the building design that do not allow siting to comply such as the shape or slope of the allotment, height of the building or positioning of a window. Further information can be found in the relevant report & consent appendix including an extract of the regulation and the decision guidelines.

Some of the regulations require additional information such as adjacent owner's comments or referrals to other agencies. The application form lists these requirements against the applicable regulation. 

Please refer to the relevant appendix to assist you with your application.

How to apply

1. Complete the report and consent application form Part A(PDF, 673KB).

2. Complete the Part B application form - find these below in the Regulation List. You will need one for each applicable regulation.

3. If instructed in the one of the Part B forms, obtain the Adjoining Owners Consent(PDF, 347KB)

4.  Pay a fee of $311.80 per regulation.

Report & Consent - Regulation List

Regulation number

Regulation

130

Building over an easement vested in Council (additional legal fees and administrative costs may apply if a S173 agreement is needed – you will be advised)

73(PDF, 138KB)

Maximum boundary setback does not comply.

74(PDF, 308KB)

Minimum setback from a street boundary does not comply.

75(PDF, 302KB)

Maximum building height does not comply.

76(PDF, 296KB)

Site coverage exceeds 60% of the allotment and does not comply.

77(PDF, 294KB)

Impermeable surface area does not comply.

78(PDF, 307KB)

Provision for car parking space and car parking space dimensions do not comply.

79(PDF, 307KB)

Side or rear boundary setbacks do not comply.

80(PDF, 335KB)

Walls within 200mm of a boundary or carports within 1m of boundary do not comply.

81(PDF, 299KB)

The proposed building reduces solar access to existing habitable room window on the adjoining allotment and does not comply.

82(PDF, 301KB)

Proposed building reduces solar access to existing north-facing habitable room window on the adjoining allotment and does not comply.

83(PDF, 301KB)

Overshadowing –proposed building reduces sunlight to a recreational private open space (RPOS) of an existing dwelling on an adjoining allotment and does not comply.

84(PDF, 298KB)

Overlooking – proposed habitable room window or private open space provides direct line of sight into the adjoining allotment’s secluded private open space or habitable room window and does not comply.

85(PDF, 289KB)

Daylight to new habitable room window of a proposed building does not comply.

86(PDF, 296KB)

The size of the private open space for the proposed building does not comply.

87(PDF, 299KB)

Siting of Class 10a building is not appurtenant to a building of another class.

89(PDF, 152KB)

Maximum front fence height does not comply.

90(PDF, 415KB)

Fence on a side or rear boundary exceeds 2m in height does not comply.

91(PDF, 415KB)

Fence within 150mm from side or rear boundary exceeds 2m in height and does not comply.

92(PDF, 415KB)

Fence within 9m of a point of intersection of street alignments exceeds 1m in height and does not comply.

94(PDF, 415KB)

Proposed fence (exceeding 2m in height) reduces daylight to an existing habitable room window on an adjoining allotment and does not comply.

95(PDF, 415KB)

Proposed fence (exceeding 2m in height) reduces daylight to an existing north-facing habitable room window on an adjoining allotment and does not comply.

96(PDF, 415KB)

Overshadowing –proposed fence reduces sunlight to a recreational private open space (RPOS) of an existing dwelling on an adjoining allotment and does not comply.

97(PDF, 415KB)

Proposed mast, pole, aerial, antenna, chimney flue pipe or other service pipe does not comply.

99(DOCX, 29KB)

Architectural features – narrow. (Part 6)

100

Architectural features – medium. (Part 6)

101(DOCX, 29KB)

Architectural features – wide. (Part 6)

102(DOCX, 29KB)

Windows and balconies. (Part 6)

103(DOCX, 29KB)

Verandahs. (Part 6)

104(DOCX, 29KB)

Sunblinds and awnings. (Part 6)

105(DOCX, 29KB)

Service pipes and rainwater heads. (Part 6)

106(DOCX, 29KB)

Window shutters. (Part 6)

107(DOCX, 29KB)

Signs.(Part 6)

108(DOCX, 29KB)

Service cabinet doors. (Part 6)

109

Projections beyond street alignment.

134(DOCX, 29KB)

Building above and below certain public facilities. (Part 8)

153(PDF, 699KB)

Construction of buildings on land liable to flooding.

Building over an easement

Consent is required to build over an easement. There are many different types of easement and permission should be sought from the relevant authority, your title will show any easements on your property including details of the relevant authority. 

The most common types of easement are stormwater (Council), water (Barwon Water) and sewerage (Barwon Water). Other types of easements may also be present such as powerlines or access for the adjoining properties. 

Apply for Council consent to build over an easement or to Barwon Water for water and sewerage easements.

Demolition consent

Prior to the commencement of demolition or removal of a building (including partial demolition/removal) you may be required to apply for Section 29a demolition consent(PDF, 67KB). Please note a Building Permit is required in addition to the consent before demolition or removal of a building.

Visit Council's Building & Planning Resources page for building and planning application and registration forms.

Report & Consent Appendix

Please refer to the relevant appendix for an extract of the Regulation and the Decision Guidelines for the relevant regulation

Building - Setbacks

Building - Height & Length

Building - Effects on Adjoining Properties

Building - Design

Site Coverage and Car Parking

Fences

Other

Related Information

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