Siting report and consent (dispensation) application

Step 1.Prepare supporting documentation

The following must be submitted with your application:

• Cover letter explaining the proposed variation and how the proposal meets the Minister's Guideline MG-12. Please note that all applications are assessed against these guidelines.
• Current copy of Title and Plan of Subdivision, including a copy of any covenants or a Section 173 Agreements (can be obtained from Landata).
• Building drawings with dimensions, including site plan, floor plan, elevations and if applicable, overlooking, and overshadowing drawings.

Step 2.Obtain comments from affected property owners

If the proposed building design impacts the amenity of adjoining and surrounding properties, it is important to give all the affected property owners the opportunity to provide their comments, to ensure that the opinions and concerns of the adjoining property owners are taken into consideration during the assessment process.

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, or request Council to seek comments on your behalf (for a fee). For more information see Adjoining Owner's Comments.

If you are unsure whether you are required to obtain Adjoining Owner’s Comments please contact Council on 1300 88 22 33.

Step 3.Apply

If you need to apply for more than one regulation, please apply for each regulation separately.

Boundary setback dispensation

• Regulation 73 - Maximum street setback
• Regulation 74 - Minimum street setbacks
• Regulation 74A - Building setback for small second dwellings
• Regulation 79 - Side and rear setbacks

See fees and charges for boundary setback dispensation

Apply online for boundary setback dispensation

If you have any questions about boundary setback dispensation applications, please contact Statutory Planning on 03 9298 4598 or call Council on 1300 88 22 33.

Front fence dispensation

• Regulation 89 - Front fence height
• Regulation 92 - Fences on street alignments

See fees and charges for front fence dispensation

Apply online for front fence dispensation

If you have any questions about front fence dispensation applications, please contact Statutory Planning on 03 9298 4598 or call Council on 1300 88 22 33.

Other building dispensation

• Regulation 75 - Building Height
• Regulation 76 - Site Coverage
• Regulation 77 - Permeability
• Regulation 78 - Car Parking
• Regulation 80 - Walls or Carports on Boundaries
• Regulation 81 - Daylight to Existing Habitable Room Windows
• Regulation 82 - Solar Access to North-Facing Habitable Room Windows
• Regulation 83 - Overshadowing of Recreational Private Open Space
• Regulation 84 - Overlooking
• Regulation 85 - Daylight to Habitable Room Windows
• Regulation 86 - Private Open Space
• Regulation 87 - Siting of a Class 10a Building, That is Appurtenant to a Building of Another Class
• Regulation 90 - Fence Setback From Side or Rear Boundary
• Regulation 91 - Length or Height of Side or Rear Boundary
• Regulation 94 - Daylight to Existing Habitable Room Windows (Fence Setback)
• Regulation 95 - Solar Access to North-Facing Habitable Room Windows (Fence Setback)
• Regulation 96 - Overshadowing of Recreational Private Open Space (Fence Design)
• Regulation 97 - A Mast, Pole, Aerial, Antenna, Chimney, Flue or Service Pipe not Complying with

See fees and charges for other building dispensations

Please note, you will need to be registered as a user to lodge this application online. New user registrations may take up to 48 business hours to be processed, before you can access the portal. Alternatively, you can download the application form. Existing users can access the portal at any time.

Apply online for other building dispensation

If you have any questions about other building dispensation applications, please contact Building Services on 03 9298 4327 or call Council on 1300 88 22 33.

Step 4.Assessment

The application will be assessed against the Minister's Guideline MG-12, which aims to ensure that any proposed variations respect the existing or preferred character of the neighbourhood.

The assessment also considers whether the proposed variation is consistent with the heights, setbacks, and design of existing fences and buildings in the immediate area. The objective is to maintain the overall aesthetic and design harmony within the neighbourhood while allowing for some flexibility in building and fencing heights.

Step 5.Appeals

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.

Step 1.Prepare supporting documentation

The following must be submitted with your application:

• Cover letter explaining the proposed variation and how the proposal meets the Minister's Guideline MG-12. Please note that all applications are assessed against these guidelines.
• Current copy of Title and Plan of Subdivision, including a copy of any covenants or a Section 173 Agreements (can be obtained from Landata).
• Building drawings with dimensions, including site plan, floor plan, elevations and if applicable, overlooking, and overshadowing drawings.

Step 2.Obtain comments from affected property owners

If the proposed building design impacts the amenity of adjoining and surrounding properties, it is important to give all the affected property owners the opportunity to provide their comments, to ensure that the opinions and concerns of the adjoining property owners are taken into consideration during the assessment process.

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, or request Council to seek comments on your behalf (for a fee). For more information see Adjoining Owner's Comments.

If you are unsure whether you are required to obtain Adjoining Owner’s Comments please contact Council on 1300 88 22 33.

Step 3.Download and complete form

If you need to apply for more than one regulation, please apply for each regulation separately.

Front fence or boundary setback dispensation

• Regulation 73 - Maximum street setback
• Regulation 74 - Minimum street setbacks
• Regulation 74A - Building setback for small second dwellings
• Regulation 79 - Side and rear setbacks
• Regulation 89 - Front fence height
• Regulation 92 - Fences on street alignments

See fees and charges for boundary setback dispensation

See fees and charges for front fence dispensation

Front Fence or Boundary Setback Dispensation Application(PDF, 246KB)

Front Fence or Boundary Setback Dispensation Application(DOCX, 125KB)

If you have any questions about front fence or boundary setback dispensation applications, please contact Statutory Planning on 03 9298 4598 or call Council on 1300 88 22 33.

Other building dispensation

• Regulation 75 - Building Height
• Regulation 76 - Site Coverage
• Regulation 77 - Permeability
• Regulation 78 - Car Parking
• Regulation 80 - Walls or Carports on Boundaries
• Regulation 81 - Daylight to Existing Habitable Room Windows
• Regulation 82 - Solar Access to North-Facing Habitable Room Windows
• Regulation 83 - Overshadowing of Recreational Private Open Space
• Regulation 84 - Overlooking
• Regulation 85 - Daylight to Habitable Room Windows
• Regulation 86 - Private Open Space
• Regulation 87 - Siting of a Class 10a Building, That is Appurtenant to a Building of Another Class
• Regulation 90 - Fence Setback From Side or Rear Boundary
• Regulation 91 - Length or Height of Side or Rear Boundary
• Regulation 94 - Daylight to Existing Habitable Room Windows (Fence Setback)
• Regulation 95 - Solar Access to North-Facing Habitable Room Windows (Fence Setback)
• Regulation 96 - Overshadowing of Recreational Private Open Space (Fence Design)
• Regulation 97 - A Mast, Pole, Aerial, Antenna, Chimney, Flue or Service Pipe not Complying with

See fees and charges for other building dispensations

Other Building Dispensation Application(PDF, 162KB)

Other Building Dispensation Application(DOCX, 122KB)

If you have any questions about other building dispensation applications, please contact Building Services on 03 9298 4327 or call Council on 1300 88 22 33.

Step 4.Submit completed form with supporting documentation

• by email: maroondah@maroondah.vic.gov.au

• by mail:
  Maroondah City Council
  PO Box 156
  Ringwood 3134

• in person (during business hours) at a Council service centre

Step 5.Assessment

The application will be assessed against the Minister's Guideline MG-12, which aims to ensure that any proposed variations respect the existing or preferred character of the neighbourhood.

The assessment also considers whether the proposed variation is consistent with the heights, setbacks, and design of existing fences and buildings in the immediate area. The objective is to maintain the overall aesthetic and design harmony within the neighbourhood while allowing for some flexibility in building and fencing heights.

Step 6.Appeals

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.