Reply To: Planning Schemes – Amendment VC110

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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, 2 months ago by Jason McNulty.