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Siting requirements

Siting controls regulate issues such as setbacks, building heights, overlooking, overshadowing, paving materials and carparking and are applied to new building work, including additions/alterations to existing buildings.  

The fencing controls regulate front fence heights on a front allotment boundary or within 3m of a front allotment boundary.

Dispensations

The building regulations do allow for some flexibility in the siting of buildings and fencing heights. Where a building design is required to comply with the siting requirements, but does not, an application may be made to Council for a “Report and Consent” (commonly referred to as a “Building Dispensation”).

Which controls apply?

The siting of single dwellings and associated buildings is controlled by the Building Interim Regulation 2017 and the Maroondah Planning Scheme.

You can check the zoning of your property on Free Planning Property report.

  • For properties within the General Residential Zone (GRZ) or Neighbourhood Residential Zone (NRZ) the siting requirements can be found in the Maroondah Planning Scheme.

Applying for a dispensation

 For queries on dispensations to fence height or boundary setback please, please contact Statutory Planning on 9298 4287.

  • Regulation 408 - Maximum street setback
  • Regulation 409 - Minimum street setbacks
  • Regulation 414 - Side and rear setbacks
  • Regulation 424 - Front fence height
  • Regulation 427 - Fences on street alignments.

Application forms for fence height or boundary setback dispensations

For siting dispensation queries please contact Building Services on 9298 4327.

 Applications can also be made for dispensation relating to:

  • Regulation 410 - Building Height

  • Regulation 411 - Site coverage

  • Regulation 412 - Permeability

  • Regulation 413 - Car parking

  • Regulation 415 - Walls on boundaries

  • Regulation 416 - Daylight to existing habitable room windows

  • Regulation 417 - Solar access to existing north-facing windows

  • Regulation 419 - Overlooking

  • Regulation 421 - Private open space

  • Regulation 422 - Siting of appurtenant Class 10a building

  • Regulation 425 - Fence setback on side or rear boundary

  • Regulation 426 - Fence on or within 150mm of side or rear boundary

  • Regulation 428 - Fences and daylight to windows in existing dwelling

  • Regulation 429 - Fences and solar access to existing north-facing habitable room windows

  • Regulation 430 - Fences and overshadowing of recreational private open space

  • Regulation 431 - Mast, poles, etc.

Application forms for other siting dispensations

Note: First time users of online lodgements will need to register as a new user to lodge an online application.

When applying for a dispensation by Council, the impact that the proposal has on the adjoining properties is taken into account.  Council may determine that adjoining owners are given the opportunity to review and comment on certain applications.

  • For applications relating to front and side and rear setbacks and front fences, Council will notify the neighbours by mail.
  • For all other applications the applicant should seek comments using an Adjoining Owners Comments Form or alternatively Council can obtain these comments on behalf of the applicant at an additional cost.

Council will take comments from the neighbours into account when assessing an application against the applicable policy.

If Council refuses an application for a siting dispensation the applicant may appeal to the Building Appeals Board, which may overturn the Council’s refusal.

The Board's determinations are final and must be put into effect by all parties. They can only be appealed at the Supreme Court on a point of law.

01/06/2017
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