Planning Schemes – Amendment VC110

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    Philip Wilson

    This Ministerial Amendment applies to all Planning Schemes.
    It introduces the requirement for a minimum ‘garden area’ that is applicable ‘whether or not a planning permit is required for the construction or extension of a dwelling or residential building’.
    The minimum required areas appear to be inconsistent with Regulations 411 and 412.
    Maddocks state in their newsletter:
    “Presumably building surveyors will need to satisfy themselves that the minimum garden area requirement is met before granting a building permit for a single dwelling or extension to an existing dwelling. It is yet to be seen whether building surveyors will expect council planners to make the assessment for them.”

    There are also changes to allowable building heights – not sure how this fits with Regulation 410 or with Schedule 5.

    As if current and proposed changes to the Building Act and Regulations are not enough for us to digest, there are implications for us in Planning Scheme changes also.

    Philip Wilson

    There is no information yet on the VBA website, even though these Planning changes have implications for building surveyors.
    Go to Reformed Residential Zones factsheet for specific requirements for building surveyors.

    Vincent O’Brien

    Maddocks have a reasonable explanation of the changes but still a bit fuzzy
    Try link below I cannot upload the file because I can only get into this program on my iPad, desk top will not allow me in.

    Jason McNulty

    Despite the schedule to the zones, Part 11 of the Act states ‘if inconsistent with that provision, so far as practicable, must be read so as to resolve the inconsistency”.
    Therefore as Part 4 and the Planning Schemes are now “inconsistent” we must resolve that issue?
    It appears to be clear that we must address the building heights, however the “garden area” is not specified in part 4 of the regulations. It does not form a part of the private open space, it is a new “area” not called up in the building regulations. Therefore we do not address the garden area with the building permit.

    • This reply was modified 5 years, 4 months ago by Jason McNulty.
    Vincent O’Brien

    Jason great to see you on the forum

    It would appear we treat it like a covenant advise the owner/applicant and move on.

    After it’s built we finalise it then tell the Planners it don’t comply, because we also have an obligation to report any non-complying issues.

    It takes great effort to screw something up so royally, their parents must be very proud.

    John Prendergast

    Can anyone tell me if they know of a council that has specified Reg 410(1) in schedule 5 at the required 8m max. You may think it a bit strange but i believe that a council may have which makes it interesting for the new 9m in the planning scheme

    Peter Phillips

    Found this today re “garden area”

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