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 (dispensation)
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.
2. Complete Part B application forms found in the below table. You will need one for each applicable regulation.
3. If instructed in the one of the Part B forms, complete the Adjoining Owner Comment Form.
4. Pay a fee of $294.70 per regulation.
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 under the Report & Consent application or to Barwon Water for water and sewerage easements.
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. 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.