Siting Requirements
Siting requirements for single dwellings and outbuildings
The siting of single dwellings and associated buildings on an allotment greater than 300m2 is controlled by Part 4 of the Building Regulation 2006.
However, the Maroondah Planning Scheme incorporates a Schedule to the Residential 1 zone that over-rides specific building regulation siting provisions within this zone. (The Residential 1 zone is the primary planning scheme zone for residential development within Maroondah).
Schedule to the Residential 1 zone (PDF, 15kB)
Although the planning scheme provisions are generally the same as the equivalent provisions of the building regulations, there are differences that may significantly impact on the siting of buildings.
Where a dwelling or associated buildings are proposed outside of the Residential 1 zone the siting requirements are as per the building regulations.
The siting controls regulate issues such as setbacks, building heights, overlooking, overshadowing, paving materials and carparking, etc and are applied to new building work including additions/alterations to existing buildings.
Siting Dispensations
The building regulations do allow for some flexibility in the siting of buildings. 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 “Dispensation”).
Applications for siting dispensations are generally required to be supported by comments from affected neighbours. In this regard Council may require the applicant to obtain the written comments from the affected neighbours, or alternatively Council may elect to notify the neighbours. Council will not require the applicant to place signs on the property advertising the siting dispensation. Council will take any comments from the neighbours into account when assessing an application. However, unlike planning legislation, aggrieved neighbours do not have a right of appeal if they do not agree with Council’s decision.
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.
An application for a siting dispensation must include:
- A completed application form (refer following links)
- A written submission outlining the reasons for the dispensation. The submission must address the objectives and guidelines provided by the Minister for Planning. (Ministerial Guidelines)
- 2 complete sets of plans with the areas of non compliance highlighted
- The prescribed fee.
- 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.
The Building Services team process all other siting dispensations.
More information
For further information, please contact Maroondah City Council Building Services
on 9298 4327.
