Leigh,
If the documentation provided complies with the building act the building surveyor cannot refuse to issue a building permit. The owner still has an obligation to comply with the Planning Scheme requirements. There is nothing in the act of regulations requiring a garden. This is the same situation we currently have with covenants. It is not the role of a building surveyor to enforce covenants or planning scheme requirements.
It will be a requirement for Council planning staff to enforce the garden requirements.
I haven’t read the provisions but what constitutes a garden? Can I plant prickly pear and pattersons curse and call it a garden, or even hemp.
If the garden dies what action will council planners take?
If I plant a large tree and it causes damage to the footpath or adjoining dwelling will Council be liable for requiring the garden?
Will there be guidelines on planting in gardens?

These will be dangerous requirements to put in the building regulations.
Will a dwelling be unsuitable to occupy as the garden doesn’t exist?

Marcus Collard
Macedon Ranges Shire Council