Report and consents
Siting requirements for dwellings
The siting requirements for a single dwelling and any associated outbuildings, on a site with an area exceeding 500m2, can be found in Division 2 of Part 4 of the Building Regulations 2006. However, allotments in the City of Bayside are in a zone of the planning scheme that are specified in Schedule 5 of the Building Regulations in respect of regulations 409, 411, 414 and 424, which vary the siting requirement of these regulations.
This means that frontage setbacks, site coverage, side and rear setbacks, and front fence heights differ from the regulations specified in Part 4. These variations can be accessed in our information sheet. (PDF, 239.93KB)
The following is an information sheet on the siting requirements for single domestic dwellings in the City of Bayside, which incorporates the additional siting requirements referred to in Schedule 5 of the Building Regulations:
Report and consent (siting variations)
Siting of single dwellings and outbuildings
Part 4 of the Building Regulations regulate the siting of single dwelling and their associated outbuildings on allotments. Our information sheet on siting gives an abbreviated account of the provisions of Part 4 of the Building Regulation in the City of Bayside, incorporating the four (4) additional requirements that are included in Schedule 5 of the Building Regulations.
The regulations specify the minimum standards that apply to; building heights, setbacks, site coverage, open space, maximum impermeable surfaces, daylight and solar access requirements, overlooking and overshadowing. The Schedule 5 additional requirements apply to front setbacks, side and and rear setbacks, site coverage and front fence heights.
These schedule 5 requirements are on our information sheet titled The C2 Amendment additional siting requirements.
Dispensations (siting variations) applications
The Building Regulations allow for a report and consent application to be made to Council seeking a variation to the siting requirements, where an applicant has difficulties in meeting the requirements.
This process is set out in Schedule 2 Parts (4), (4a) & (5), and Section 188A of the Building Act 1993 which refer to the relevant Minister's Guidelines that need to be met before consent to vary the siting requirements can be given.
The application form (that sets our fees), an information sheet (that sets out what documents need to be submitted in respect of a report and consent application) and the nearby affected neighbours comment form.
The Bayside Neighbourhood Character Review, which needs to be referred to in terms of neighbourhood character, is part of the Minister's Guidelines and Bayside Neighbourhood Character precinct brochures.
You will need to establish which neighbourhood character precinct a specific site is situated before accessing the appropriate precinct brochure. This can be done by contacting the Statutory Planning Department on (03) 9599 4444.
Changes to the Part 4 siting requirements of the building regulations
The Bayside Planning Scheme is referenced in Schedule 5 of the Building Regulations 1994 and came into effect on 1 June 2004.
This means that any building works must comply with these amended siting provisions as detailed in the schedules to the zone, which are incorporated within the Bayside Planning Scheme.
These amended siting provisions impact on the application of the Building Regulations 2006, Part 4, in particular the following regulations:
- Regulation 409 Minimum Street Setbacks
- Regulation 411 Site Coverage
- Regulation 414 Side and Rear Setbacks
- Regulation 424 Front Fence Height.
Council report and consent application for siting matters (PDF, 450.97KB)
Council report and consent application for non siting matters (PDF, 479.54KB)
Amendment to Council report and consent (PDF, 347.98KB)
Comments required on siting matters (PDF, 493.46KB)