Advertising, height controls and objections
Generally all planning applications must be advertised (unless Council is satisfied that the granting of a permit would not cause material detriment to any person).
Multi-dwelling applications always require advertising.
Advertisitng is usually by means of placing a notice on-site and sending notices to the owners and occupiers of properties adjoining and opposite the site.
Council will instruct the applicant as to how notification of the application must be given and the completed Statutory Declaration Form must be returned to Council's Planning Department.
Council may send the notices out on behalf of the applicant.
The advertising period runs for 14 days and Council cannot make a decision on an application until the completion of this period. However, objections are received and considered up until Council determines the matter.
The height control area in Bayside is referred to as the Design and Development Overlay 1 (DDO1) and generally extends along the foreshore.
The control provides that a building or work constructed in this area must not exceed two storeys, excluding a basement, or six metres if the dwelling is single storey or in relation to works only.
A Planning Permit is required to construct a double-storey building if a storey exceeds 3.5 metres in height, a single storey building if it exceeds 6.0m in height and an attic within the roofline.
Important note: A basement cannot exceed a height of 1.2 metres measured from the natural ground level to the floor level of the next floor above. If this requirement is exceeded, the basement is considered a storey.
The Design & Development Overlay Schedule 2 (DDO2) control provides that a planning permit is required for a bulding with a building height greater than two (2) storeys. A planning permit is also required for a bulding with a building height greater than nine (9) metres, or ten (10) metres where the slope of the natural ground level at any cross section of the site of the building wider than eight (8) metres is 2.5 degrees or more.
Any person who considers that approval of a planning permit will cause them material detriment can object.
This can be done by completing an Objection Form or writing a letter to Council's Planning Department detailing your concerns.
The Notice of Application indicates that the addressee has 14 days from the date of notice to object to the application, after which time a decision may be made. However, Council must consider any objection it receives up until the time it makes a decision, although objectors are encouraged to forward their objections within the 14 days.
Any objections lodged should outline the reasons for objecting and the specific concerns with the proposal.
If you choose to withdraw your objection, you may do so by completing an Objection Withdrawal Form or writing a letter to Council withdrawing your objection.
Page last updated: 27 Jul 2015