Version No. 064 Building Regulations 1994 S. R. No. 81/1994




Yüklə 0.78 Mb.
səhifə3/9
tarix18.04.2016
ölçüsü0.78 Mb.
1   2   3   4   5   6   7   8   9
Part 3—Allotments and Projections

Division 1—Allotments

3.1 Application



r. 3.1

This Division applies to all buildings whenever constructed.

3.2 Combined allotments

(1) The municipal building surveyor may by statement in writing determine that two or more contiguous allotments or an allotment and adjoining land can be treated as one allotment for the purposes of these Regulations.


Reg. 3.2(2) substituted by S.R. No. 74/1999 reg. 15.

(2) In deciding whether to issue a statement under sub-regulation (1) the municipal building surveyor must take into account—

(a) the structural adequacy of any building to which the statement applies; and

(b) the requirements necessary to make reasonable provision for—

(i) the amenity of any building and the safety and health of people using any building to which the statement applies; and

(ii) avoiding the spread of fire to or from any adjoining building.

(3) Land to which a statement under sub-regulation (1) applies is deemed to be an allotment for the purposes of these Regulations.

(4) The municipal building surveyor may revoke a statement under sub-regulation (1) if there is a change of circumstances which would significantly affect any of the matters referred to in sub-regulation (2).


Reg. 3.2(5) substituted by S.R. No. 121/1995
reg. 12.


(5) A private building surveyor may exercise the powers of the municipal building surveyor under sub-regulations (1), (2) and (4) in the case of building work for which the private building surveyor has been appointed to issue a building permit.

3.3 Subdivision of existing buildings



r. 3.3

(1) Subject to regulation 5.7, if an existing building is subdivided, each building resulting from the subdivision must be brought into conformity with these Regulations.

(2) The municipal building surveyor may by statement in writing exempt a building from all or any of the requirements of sub-regulation (1).



Reg. 3.3(3) substituted by S.R. No. 74/1999 reg. 16.

(3) In deciding to issue a statement under sub-regulation (2) the municipal building surveyor must take into account—

(a) the structural adequacy of any building to which the statement applies; and

(b) the requirements necessary to make reasonable provision for—

(i) the amenity of any building and the safety and health of people using any building to which the statement applies; and

(ii) avoiding the spread of fire to or from any adjoining building.


Reg. 3.3(4) inserted by S.R. No. 121/1995
reg. 13.


(4) A private building surveyor may exercise the powers of the municipal building surveyor under sub-regulations (2) and (3) in the case of building work for which the private building surveyor has been appointed to issue a building permit.

Division 2—Projections

3.4 Projections beyond the street alignment



r. 3.4

Except where otherwise provided in this Division, a building must not project beyond the street alignment.

3.5 Architectural features

(1) An architectural feature or similar part of a building must not project beyond the street alignment—

(a) if the street is 6m or less in width; and

(b) more than 600mm in any street more than 6m but not exceeding 10m in width; and

(c) more than 12m in any street more than 10m in width; and

(d) at any height less than 27m above the level of the footpath; and

(e) unless it is constructed in non-combustible material.

(2) Despite sub-regulation (1) if a street is 6m or less in width and is without a footpath, a kerb or buffer block not more than 240mm in height above the street level may project not more than 240mm beyond the street alignment.

3.6 Windows and balconies

(1) A window or balcony must not project beyond the street alignment—

(a) more than 1m; and

(b) in any street less than 10m in width; and

(c) at a height less than 3m above the level of the footpath; and

(d) within 12m of the side boundary of an adjoining allotment.

(2) A projection referred to in sub-regulation (1) must not—

(a) exceed one-half of the length of the wall of the building on the level of the floor on which the projection is made; and

(b) exceed 37m in width.

3.7 Verandahs


r. 3.7

(1) A verandah must not project beyond the street alignment—

(a) unless it is set back not less than 750mm from the kerb; and

(b) at a height less than 3m above the level of the footpath.


Reg. 3.7(2) revoked by S.R. No. 121/1995
reg. 14.


* * * * *



Reg. 3.8 amended by S.R. No. 121/1995
reg. 15.


3.8 Sunblinds and awnings

A sunblind or awning must not project beyond the street alignment—

(a) more than 24m; and

(b) at any height less than 24m above the level of the footpath.



Reg. 3.9 amended by S.R. No. 121/1995
reg. 16(a).


3.9 Service pipes and rainwater heads

A service pipe, rainwater head or service installation must not project beyond the street alignment—

(a) more than 200mm in the case of a service pipe; and


Reg. 3.9(b) amended by S.R. No. 121/1995
reg. 16(b).


(b) more than 300mm in the case of a rainwater head or service installation; and

(c) at any height less than 27m above the level of the footpath.



Reg. 3.10 amended by S.R. No. 121/1995
reg. 17.


3.10 Window shutters

r. 3.10

Window shutters may project not more than 50mm beyond the street alignment when in the fully open position.

3.11 Signs

A sign or similar Class 10b structure must not project beyond the street alignment—

(a) unless it is set back not less than 750mm from the kerb; and

(b) at any height less than 27m above the level of the footpath.


Reg. 3.12 substituted by S.R. No. 121/1995
reg. 18.


3.12 Exemptions

(1) The consent and report of the relevant council must be obtained to an application for a building permit to construct an architectural feature, window, balcony, verandah, sunblind, awning, service pipe, rainwater head, service installation, window shutter or sign at a different height or distance to that specified in this Division.

(2) The relevant council may give its consent under sub-regulation (1) if it considers that this will not be detrimental to the safety of the public.


Reg. 3.12(3) revoked by S.R. No. 74/1999 reg. 17.

* * * * *



Reg. 3.13 revoked by S.R. No. 121/1995 reg. 19.

* * * * *

3.14 Footings adjoining boundaries—permissible projections

r. 3.14

A footing may—

(a) support a party wall; and

(b) extend beyond the boundaries of a street alignment—

(i) to a distance of not more than 300mm if the highest projecting part of the footing is at a depth of not less than 450mm but less than 3m below the ground level; or

(ii) to a distance of not more than 1m where the highest projecting part of the footing is at a depth of 3m or more below the ground level.


Pt 3 Div. 3 (Heading and reg. 3.15) inserted by S.R. No. 121/1995 reg. 20.


Division 3—Buildings above or below certain public facilities



Reg. 3.15 inserted by S.R. No. 121/1995 reg. 20.

3.15 Buildings above or below certain public facilities

(1) This Division does not apply to an item to which Division 2 applies.

(2) The consent and report of the relevant council must be obtained to an application for a building permit for the construction of a building above or below a street, railway, bus terminal or similar public facility whether or not such a building is connected to other buildings.

_______________



Pt 4
(Heading and regs 4.1–4.7) amended by S.R. Nos 121/1995 regs 21–26, 161/1996 regs 14, 15, substituted as Pt 4 (Heading and
regs 4.1–4.31) by S.R. No. 82/2001 reg. 8, amended by S.R. No. 82/2001 reg. 9(4)–(6), substituted by S.R. No. 171/2001 reg. 7.

Part 4—Siting

Division 1—Introductory Matters

Reg. 4.1 substituted by S.R. No. 171/2001 reg. 7.

4.1 Definitions

r. 4.1

In this Part—

"clear to the sky" means an unroofed area or an area roofed with a material that transmits at least 90% of light;

Reg. 4.1 def. of "fence" inserted by S.R. No. 43/2003 reg. 5.

"fence" includes—

(a) a screen; or

(b) a structure similar to a fence;

"height" in relation to—

(a) a building (other than a wall or fence) at any point, means the vertical distance between natural ground level and the top of the roof covering; and

(b) a wall at any point, means the vertical distance between the natural ground level at the base of the wall and the point at which the outer wall intersects the plane of the top of the roof covering or the top of the parapet, whichever is higher; and

(c) a fence at any point, means the vertical distance between natural ground level at the base of the fence and the top of the fence;



"private open space" means—

(a) an unroofed area of land; or

(b) a deck, terrace, patio, balcony, pergola, verandah, gazebo or swimming pool;

"setback" from a boundary or building, means a horizontal distance from that boundary or building;

"site coverage" means that part of an allotment which is covered by buildings, expressed as a percentage of the area of the allotment;

"window" includes roof skylight, glass panel, glass brick, glass louvre, glazed sash, glazed door, translucent sheeting and any other building material which transmits natural light directly from outside a building into a room.


Reg. 4.2 substituted by S.R. No. 171/2001 reg. 7.

4.2 Application of this Part

r. 4.2

(1) This Part is subject to section 11 of the Act.

(2) A regulation in this Part does not apply to the construction of a building if a planning permit is required for the construction of that building and the relevant planning scheme regulates the same matter as that regulation in relation to the siting of that building.

(3) Except for construction which is an alteration, regulations 4.18 and 4.19 do not apply to the construction of a new building on land—

(a) if the land is within one of the following municipal districts—

(i) City of Casey;

(ii) City of Whittlesea;

(iii) City of Wyndham;

(iv) City of Hume;

(v) Shire of Cardinia;

(vi) Shire of Melton; and



Reg. 4.2(3)(b) substituted by S.R. No. 132/2002 reg. 4(a), amended by S.R. No. 79/2003 reg. 4.

(b) the land is on a plan of subdivision which was registered on or after 1 January 1997 and before 1 January 2004; and



Reg. 4.2(3)(c) substituted by S.R. No. 132/2002 reg. 4(b), amended by S.R. No. 79/2003 reg. 4.

(c) a building permit for the construction of the building is issued before 1 January 2004.


Reg. 4.2A inserted by S.R. No. 132/2002 reg. 5.

4.2A Exception concerning building envelopes

r. 4.2A

(1) In this regulation "approved building envelope" means documented design parameters that deal with a siting matter regulated by this Part that—

(a) are in a planning permit for subdivision issued under the Planning and Environment Act 1987 on or after 1 July 1994; and

(b) are—

(i) in an agreement made under section 173 of the Planning and Environment Act 1987 which is registered on the title of the relevant allotment; or

(ii) shown as a restriction on a plan of subdivision certified under the Subdivision Act 1988 which is registered on the title of the relevant allotment.

(2) The consent and report of the relevant council is not required in relation to a design in respect of an allotment where the design does not comply with a regulation in this Part if—

(a) an approved building envelope applies to the allotment and deals with a siting matter that is regulated by that regulation; and

(b) the design of the building is consistent with all the siting matters dealt with by the approved building envelope that are regulated by this Part.

(3) If an adjoining allotment is not subject to the same agreement or is not shown on the same certified plan of subdivision, sub-regulation (2) does not apply to regulations 4.14, 4.15, 4.16, 4.17, 4.18, 4.19, 4.25, 4.26, 4.28, 4.29 and 4.30 to the extent that they relate to that adjoining allotment.


Reg. 4.3 substituted by S.R. No. 171/2001 reg. 7.

4.3 References to planning schemes

r. 4.3

A reference in this Part or Schedule 3 to a planning scheme is a reference to a planning scheme made under the Planning and Environment Act 1987 as that planning scheme is amended and in force from time to time.

Reg. 4.4 substituted by S.R. No. 171/2001 reg. 7.

4.4 What is an existing building?

r. 4.4

In this Part, a reference to an existing building in relation to an adjoining allotment is a reference to any part of a building on the adjoining allotment—

(a) that was in existence in its current form before 1 July 1994 (unless it had not been completed before that date); or

(b) for which there is an occupancy permit that has been given to the relevant council; or

(c) for which there is a certificate of final inspection that has been given to the relevant council (but only if that part of the building can be occupied without the need for any further certificate of final inspection); or

(d) that has been completed (but only if that part of the building can be occupied without the need for an occupancy permit or a certificate of final inspection).


Reg. 4.5 substituted by S.R. No. 171/2001 reg. 7.

4.5 What is a single dwelling?

For the purposes of the definition of "single dwelling" in section 188A of the Act, a Class 1 building and a Class 10 building associated with a Class 1 building are specified classes of building.



Reg. 4.6 substituted by S.R. No. 171/2001 reg. 7.

4.6 Application of section 188A of the Act

Section 188A of the Act applies to applications for building permits to which this Part applies.

Division 2—Single Class 1 Buildings and Associated Class 10 Buildings


Reg. 4.7 substituted by S.R. No. 171/2001 reg. 7.

4.7 Application of Division

r. 4.7

This Division applies to the construction of a single Class 1 building and associated Class 10a buildings on an allotment.

Reg. 4.8 substituted by S.R. No. 171/2001 reg. 7.

4.8 Maximum street setback

(1) A new Class 1 building, other than an alteration, must not be set back from the front street boundary more than one-third of the depth of the allotment.

(2) This regulation does not apply to an allotment equal to or greater than 040469ha.

(3) The consent and report of the relevant council must be obtained to an application for a building permit in relation to a design which does not comply with this regulation.



Reg. 4.9 substituted by S.R. No. 171/2001 reg. 7.

4.9 Minimum street setbacks

(1) If—


(a) an allotment is in a zone of a planning scheme specified in Schedule 3; and

(b) the Schedule to that zone in the planning scheme specifies a setback from a street boundary—

a building on that allotment must be set back from a street boundary not less than the relevant setback specified in respect of that street boundary in the Schedule to that zone in the planning scheme.

(2) If sub-regulation (1) does not apply, a building must be set back from a street boundary not less than the distance specified in respect of that boundary in Table 4.9.



TABLE 4.9—STREET SETBACKS

Adjoining Development Context


Minimum setback from front street


Minimum setback from a side street

Existing dwellings on adjoining allotments facing the same street

The average distance of the setbacks of the front walls of the existing buildings on the adjoining allotments facing the front street, or 9m, whichever is the lesser

Not applicable


r. 4.9



Existing dwelling on one adjoining allotment facing the same street and no building on the other adjoining allotment facing the same street

The same distance as the setback of the front wall of the existing building on the adjoining allotment facing the same street, or 9m, whichever is the lesser

Not applicable

No existing dwellings on adjoining allotments facing the same street

6m for a building facing a declared road

4m for a building facing any other street



Not applicable























































Adjoining Development Context


Minimum setback from front street


Minimum setback from a side street

Corner allotment

If there is a building on the adjoining allotment facing the same street


The same distance as the setback of the front wall of the existing building on the adjoining allotment facing the front street, or 9m, whichever is the lesser


The same distance as the setback of the front wall of the existing building on the adjoining allotment facing the side street or 2m, whichever is the lesser




r. 4.9



Corner allotment

If there is no building on the adjoining allotment facing the same street


6m for a building facing a declared road

4m for a building facing any other street

2m


(3) The following may encroach into the setback distance required by sub-regulation (1) or (2) by not more than 25m—

(a) porches, verandahs and pergolas that have a maximum height of less than 36m above natural ground level;

(b) eaves, fascia and gutters;

(c) sunblinds and shade sails;



Reg. 4.9(3)(d) amended by S.R. No. 43/2003 reg. 6.

(d) screens referred to in regulation 4.19(5)(d) or 4.19(6); and
(e) decks, steps or landings less than 800mm in height.

(4) The consent and report of the relevant council must be obtained to an application for a building permit in relation to a design which does not comply with this regulation.

(5) In this regulation "declared road" means a declared road within the meaning of the Transport Act 1983.

(6) In this regulation "street" means any road other than a lane, footway, alley or right of way.

(7) For the purposes of this regulation, an allotment does not adjoin another allotment if its boundary only touches the boundary of the other allotment at one point (for example, at a corner).


Reg. 4.10 substituted by S.R. No. 171/2001 reg. 7.

4.10 Building height

r. 4.10

(1) If—

(a) an allotment is in a zone of a planning scheme specified in Schedule 3; and

(b) the Schedule to that zone in the planning scheme specifies a maximum height for buildings—

the height of a building on that allotment must not exceed the relevant height specified in the Schedule to that zone in the planning scheme.

(2) If sub-regulation (1) does not apply, the height of a building must not exceed—

(a) 10m if the slope of the natural ground level at any cross section wider than 8m of the site of the building is 25 or more; and

(b) 9m in any other case.
(3) In addition to the limits imposed by sub-regulation (2), and despite regulation 4.14, a part of a building that is within 1m of a side or rear boundary that is adjacent to a wall complying with regulation 4.15—

(a) must be constructed so as to form an angle not exceeding 30 from a line that is perpendicular to the plane of the wall; and

(b) must not exceed a height of 36m at a setback of 1m from the boundary.

(4) The consent and report of the relevant council must be obtained to an application for a building permit in relation to a design which does not comply with this regulation.



Reg. 4.11 substituted by S.R. No. 171/2001 reg. 7.

4.11 Site coverage

r. 4.11

(1) If—

(a) an allotment is in a zone of a planning scheme specified in Schedule 3; and

(b) the Schedule to that zone in the planning scheme specifies a maximum site coverage for buildings—

buildings must not occupy more of the allotment than the site coverage specified in the Schedule to that zone in the planning scheme.

(2) If sub-regulation (1) does not apply, buildings must not occupy more than 60% of an allotment.

(3) When calculating site coverage under sub-regulation (1) or (2), eaves, fascia and gutters not exceeding 600mm in total width, unroofed swimming pools, unroofed terraces, unroofed patios, unroofed decks and pergolas may be disregarded.


(4) The consent and report of the relevant council must be obtained to an application for a building permit in relation to a design which does not comply with this regulation.

Reg. 4.12 substituted by S.R. No. 171/2001 reg. 7.

4.12 Permeability

r. 4.12

(1) If a building is to be constructed on an allotment, not more than 80% of the area of the allotment can be covered by impermeable surfaces.

(2) The consent and report of the relevant council must be obtained to an application for a building permit in relation to a design which does not comply with this regulation.



Reg. 4.13 substituted by S.R. No. 171/2001 reg. 7.

4.13 Car parking

(1) If a new Class 1 building is to be constructed on an allotment, provision must be made for 2 car parking spaces on the allotment.

(2) Of the 2 car parking spaces—

(a) one space must be at least 6m long and 35m wide; and

(b) the second space must be at least 49m long and 26m wide.

(3) A building may project into a car parking space if it is at least 21 m above that space.

(4) Despite sub-regulation (2), if the 2 required car parking spaces adjoin each other in a garage or carport or in a space constrained by walls, the double space may be 55m in width.

(5) An alteration to a building on an allotment must not reduce the number of car parking spaces on the allotment unless there are more than 2 in which case the number may be reduced to 2.


(6) The consent and report of the relevant council must be obtained to an application for a building permit in relation to a design which does not comply with this regulation.

Reg. 4.14 substituted by S.R. No. 171/2001 reg. 7.

4.14 Side and rear setbacks

r. 4.14

(1) If—

(a) an allotment is in a zone of a planning scheme specified in Schedule 3; and

(b) the Schedule to that zone in the planning scheme specifies minimum setbacks from side and rear boundaries—

a building on the allotment must be set back from a side or rear boundary not less than the relevant setback specified in the Schedule to that zone in the planning scheme.

(2) If sub-regulation (1) does not apply, a building must be set back from a side or rear boundary not less than the distance specified in respect of that boundary in Table 4.14.

TABLE 4.14—SIDE AND REAR SETBACKS



Building height at any point


Minimum setback from side or rear boundary at that point

36m or less

1m

More than 36m but not more than 69m

1m plus an additional distance calculated at the rate of 300mm for every metre of height over 36m

More than 69m

2m plus an additional distance calculated at the rate of 1m for every metre of height over 69m













(3) The following may encroach into the setback distance required by sub-regulation (1) or (2) by not more than 500mm—

(a) porches and verandahs;

(b) masonry chimneys;

(c) sunblinds;



Reg. 4.14(3)(d) amended by S.R. No. 43/2003 reg. 7.

(d) screens referred to in regulation 4.19(5)(d) or 4.19(6);
(e) flues and pipes;

(f) domestic fuel tanks and water tanks;



r. 4.14

(g) heating and cooling equipment and other services.

(4) The following may encroach into the setback distance required by sub-regulation (1) or (2)—

(a) landings with an area of not more than 2m2 and less than 1m high;

(b) unroofed stairways and ramps;

(c) pergolas;

(d) shade sails;

(e) eaves, fascia, gutters not more than 600mm in total width;

(f) carports (subject to regulation 4.15).

(5) This regulation does not apply to a wall which complies with regulation 4.15.

(6) The consent and report of the relevant council must be obtained to an application for a building permit in relation to a design which does not comply with this regulation.

Note: The following diagram illustrates the operation of aspects of regulation 4.14.

Regulation 4.14: Side and rear setbacks



Reg. 4.15 substituted by S.R. No. 171/2001 reg. 7.

4.15 Walls on boundaries

r. 4.15

(1) This regulation applies to the construction of—

(a) a wall on or within 150mm of a side or rear boundary of an allotment; or

(b) a carport constructed on or within 1m of a side or rear boundary of an allotment and which is open on the side facing the boundary or boundaries.

(2) The length of the wall, or of the carport, or of the wall and carport, must not, either by itself or when combined with the length of any existing wall or carport, exceed the greater of the following lengths—

(a) 10m plus 25% of the remaining length of the boundary of the allotment; or

(b) the length of any existing wall or carport constructed on an adjoining allotment which is within 150mm of the boundary of that allotment if the proposed construction abuts the existing wall or carport.

(3) The wall or carport must not exceed—

(a) an average height of 3m; and

(b) a maximum height of 36m.

(4) Despite sub-regulation (3), if the wall or carport abuts an existing wall or carport it may be constructed to the same height as that wall or carport.

(5) The consent and report of the relevant council must be obtained to an application for a building permit in relation to a design which does not comply with this regulation.


Reg. 4.16 substituted by S.R. No. 171/2001 reg. 7.

4.16 Daylight to existing habitable room windows

r. 4.16

(1) A building must be set back from a habitable room window in an existing building on an adjoining allotment to provide for a light court to the window that has a minimum area of 3m2 and a minimum dimension of 1m clear to the sky.

(2) The area of the light court required under sub-regulation (1) may include land on the adjoining allotment.

(3) A wall or carport with an average height of more than 3m opposite a habitable room window in an existing dwelling on an adjoining allotment must be set back from that window at least half the height of the wall or carport if the wall or carport is within a 55 angle in the horizontal plane about a vertical axis through the centre of the window.

(4) For the purposes of sub-regulation (3), the angle may be swung to not less than 35 from the plane of the wall containing the window.

(5) If the window referred to in sub-regulation (3) is above ground floor level, then for the purposes of that sub-regulation, the wall or carport height is to be measured from the floor level of the room containing the window.


r. 4.16

(6) The consent and report of the relevant council must be obtained to an application for a building permit in relation to a design which does not comply with this regulation.

Note: The following diagram illustrates the operation of aspects of regulation 4.16(3).



Regulation 4.16: Daylight to existing windows

Regulation 4.16(3)



Reg. 4.17 substituted by S.R. No. 171/2001 reg. 7.

4.17 Solar access to existing north-facing habitable room windows

(1) This regulation applies if—



r. 4.17

(a) a building is to be constructed on an allotment; and

(b) a north-facing habitable room window or part of a window of an existing dwelling on an adjoining allotment is within 3m of a boundary of the allotment on which the building is to be constructed; and

(c) the window is orientated towards the boundary.

(2) The proposed building must be set back from the boundary not less than the distance specified in Table 4.17 for a distance of 3m from each side of the window or that part of the window that is within 3m of the boundary.



TABLE 4.17—SETBACKS FROM NORTH-FACING WINDOWS


Building height at any point


Minimum setback from side or rear boundary at that point

36m or less

1m

More than 36m but not more than 69m

1m plus an additional distance calculated at the rate of 600mm for every metre of height over 36m

More than 69m

3m plus an additional distance calculated at the rate of 1m for every metre of height over 69m

(3) For the purposes of sub-regulation (1), a north-facing window is a window with an axis perpendicular to its surface oriented north 20 west to north 30 east.

(4) In this regulation "north" means true north.

(5) The following may encroach into the setback distance required by sub-regulation (1) or (2) by not more than 500mm and to a height not exceeding 25m—

(a) flues and pipes;

(b) domestic fuel tanks and water tanks;

(c) heating and cooling equipment and other services.



Reg. 4.17(6) amended by S.R. No. 43/2003 reg. 8.

(6) The consent and report of the relevant council must be obtained to an application for a building permit in relation to a design which does not comply with this regulation.

Note: The following diagram illustrates the operation of aspects of regulation 4.17.



Regulation 4.17: Solar access to existing north-facing habitable room windows



Reg. 4.18 substituted by S.R. No. 171/2001 reg. 7.

4.18 Overshadowing of recreational private open space

r. 4.18

(1) A building must not reduce the sunlight to a recreational private open space of an existing dwelling on an adjoining allotment to the extent that less than the required minimum area of the recreational private open space has less than 5 hours of sunlight between 9 a.m. and 3 p.m. on 22 September.

(2) If a building is to be constructed on an allotment and the existing amount of sunlight to a recreational private open space on an adjoining allotment is less than the amount required under sub-regulation (1), the amount of sunlight to that area must not be further reduced by the construction of the building.

(3) The consent and report of the relevant council must be obtained to an application for a building permit in relation to a design which does not comply with this regulation.

(4) In this regulation the required minimum area of a recreational private open space is the lesser of—

(a) 75% of the recreational private open space; and

(b) 40m2 with a minimum dimension of 3m.



r. 4.18

(5) In this regulation "recreational private open space" means any part of private open space on an allotment—

(a) which is—

(i) at the side or rear of an existing dwelling on the allotment; or

(ii) within the front setback of an existing dwelling on the allotment and which is screened for at least 90% of its perimeter by a wall, fence or other barrier that is at least 15m high and that has no more than 25% of its area open; and

(b) which is primarily intended for outdoor recreation activities.


Reg. 4.19 substituted by S.R. No. 171/2001 reg. 7.

4.19 Overlooking

r. 4.19

(1) A habitable room window or raised open space of a building on an allotment must not provide a direct line of sight into a habitable room window or on to a secluded private open space of an existing dwelling on an adjoining allotment.

(2) In the case of a direct line of sight from a habitable room window, the line of sight is any line measured from a height of 17m above the floor level of the habitable room and contained within the space enclosed by—

(a) a vertical plane measured at an angle of 45° from each side of the window; and

(b) a horizontal plane 17m above the floor level of the habitable room; and

(c) the ground level below; and

(d) a horizontal distance of 9m from the window.

(3) In the case of a direct line of sight from a raised open space, the line of sight is any line measured from a height of 17m above the floor level and along the perimeter of the raised open space to any point within a horizontal distance of 9m from the raised open space and extending 45° beyond any point where the perimeter of the raised open space meets a wall of a building.

(4) In the case of a secluded private open space, the horizontal distance of 9m referred to in sub-regulation (2)(d) or (3) is to be measured at ground level.


(5) A habitable room window complies with this regulation if—

(a) in the case where a habitable room window provides a direct line of sight into a habitable room window of an existing dwelling on an adjoining allotment, it is offset a minimum of 15m from the edge of one window to the edge of the other; or

(b) it has a sill height at least 17m above floor level; or

(c) it has obscure glazing in any part of the window below 17m above floor level; or

(d) the direct line of sight is obscured by a permanent and fixed screen which has no more than 25% of its area open.



r. 4.19

(6) A raised open space complies with this regulation if the direct line of sight into the habitable room window or on to the secluded private open space on the adjoining allotment is obscured by a permanent and fixed screen which has no more than 25% of its area open.

(7) A window referred to in sub-regulation (5)(c) may be openable provided that when open the obscure glazing does not permit a direct line of sight on to the secluded private open space or into the habitable room window referred to in sub-regulation (1).

(8) This regulation does not apply to a new habitable room window or raised open space that faces a property boundary if—

(a) there is a visual barrier at least 18m high at the boundary; and

(b) the floor level of the room or the raised open space is less than 800mm above ground level at the boundary.

(9) The consent and report of the relevant council must be obtained to an application for a building permit in relation to a design which does not comply with this regulation.

(10) In this regulation "raised open space" means a landing with an area of more than 2m2, a balcony, a terrace, a deck or a patio.

(11) In this regulation "secluded private open space" means any part of private open space on an allotment—

(a) which is screened for at least 90% of its perimeter by a wall, fence or other barrier that is at least 15m high and that has no more than 25% of its area open; and

(b) which is primarily intended for outdoor recreation activities.



Reg. 4.20 substituted by S.R. No. 171/2001 reg. 7.

4.20 Daylight to habitable room windows

r. 4.20

(1) A habitable room window of a building on an allotment must face—

(a) an outdoor space or light court with a minimum area of 3m2 and minimum dimension of 1m clear to the sky, not including land on an adjoining allotment; or

(b) a verandah on the allotment if it is open for at least one third of its perimeter; or

(c) a carport on the allotment if—

(i) it has 2 or more sides open; and

(ii) it is open for at least one third of its perimeter.

(2) For the purposes of sub-regulation (1), a side of a carport or verandah may be taken to be open if the roof covering of the carport or verandah adjacent to that side is not less than 500mm from another building on the allotment or the adjoining allotment boundary.

(3) The consent and report of the relevant council must be obtained to an application for a building permit in relation to a design which does not comply with this regulation.



Reg. 4.21 substituted by S.R. No. 171/2001 reg. 7.

4.21 Private open space

r. 4.21

(1) If—

(a) an allotment is in a zone of a planning scheme specified in Schedule 3; and

(b) the Schedule to that zone in the planning scheme specifies a minimum area and dimension for private open space—

a Class 1 building on that allotment must have private open space of at least the area and dimension specified in the Schedule to that zone in the planning scheme.

(2) If sub-regulation (1) does not apply, a Class 1 building on an allotment must have private open space of not less than 80m2 or 20% of the area of the allotment, whichever is the lesser.

(3) For the purposes of this regulation, the private open space must include an area at the side or rear of the building—

(a) that is at least 25m2 with a minimum dimension of 3m; and

(b) that has convenient access from a habitable room (other than a bedroom).

(4) The consent and report of the relevant council must be obtained to an application for a building permit in relation to a design which does not comply with this regulation.
Division 3—Siting of Class 10a buildings


Reg. 4.22 substituted by S.R. No. 171/2001 reg. 7.

4.22 Siting of Class 10a buildings

r. 4.22

(1) Unless otherwise approved under the Subdivision Act 1988 or any corresponding previous enactment, a Class 10a building must be on the same allotment as a building of another class to which it is appurtenant.

(2) The consent and report of the relevant council must be obtained to an application for a building permit for the construction of a building which does not comply with sub-regulation (1).

Division 4—Class 10b Buildings


Reg. 4.23 substituted by S.R. No. 171/2001 reg. 7.

4.23 Application of Division

This Division applies to the construction of Class 10b buildings on an allotment.



Reg. 4.24 substituted by S.R. No. 171/2001 reg. 7.

4.24 Front fence height

(1) If—


(a) an allotment is in a zone of a planning scheme specified in Schedule 3; and

(b) the Schedule to that zone in the planning scheme specifies a maximum height for a fence, or part of a fence, that is within 3m of the street alignment at the front of an allotment—

the height of a fence, or part of a fence, that is within 3m of the street alignment at the front of that allotment must not exceed the relevant maximum height specified in the Schedule to that zone in the planning scheme.

(2) If sub-regulation (1) does not apply, the height of a fence, or part of a fence, that is within 3m of the street alignment at the front of that allotment must not exceed the relevant maximum height specified in Table 4.24.



TABLE 4.24—FRONT FENCE HEIGHTS

Street type

Maximum fence height

A declared road under the Transport Act 1983

2m

Any other street

15m

(3) The consent and report of the relevant council must be obtained to an application for a building permit in relation to a design which does not comply with this regulation.

Reg. 4.25 substituted by S.R. No. 171/2001 reg. 7.

4.25 Fence setbacks from side and rear boundaries

r. 4.25

(1) A fence exceeding 2m in height associated with a dwelling must be set back from a side or rear boundary not less than the distance specified in respect of that boundary in Table 4.25.

TABLE 4.25—SIDE AND REAR SETBACKS

Fence height at any point



Minimum setback from side or rear boundary at that point

More than 20m but not more than 36m

1m

More than 36m but not more than 69m

1m plus an additional distance calculated at the rate of 300mm for every metre of height over 36m

More than 69m

2m plus an additional distance calculated at the rate of 1m for every metre of height over 69.m

(2) This regulation does not apply to a fence that complies with regulation 4.26.

(3) The consent and report of the relevant council must be obtained to an application for a building permit in relation to a design which does not comply with this regulation.



Reg. 4.26 substituted by S.R. No. 171/2001 reg. 7.

4.26 Fences on side or rear boundaries

r. 4.26

(1) The total length of fences that are associated with a dwelling and that are more than 2m in height and that are constructed on, or within 150mm of, a side or rear boundary of an allotment, when combined with the length of any wall, or carport, or wall and carport constructed in accordance with regulation 4.15(2) must not exceed the greater of the following lengths—

(a) 10m plus 25% of the remaining length of the boundary of the allotment; or

(b) the length of any wall or carport constructed on an adjoining allotment that is within 150mm of the boundary of that allotment and that abuts those fences.

(2) A fence constructed within 150mm of a side or rear boundary of an allotment must not exceed—

(a) an average height of 3m; and

(b) a maximum height of 36m along the boundary.

(3) Despite sub-regulation (2), if a fence abuts an existing wall it may be constructed to the same height as that wall.

(4) This regulation does not apply to a fence if—

(a) it is not more than 25m in height; and

(b) it is provided to comply with regulation 4.19 or with a planning scheme that regulates the same matter as regulation 4.19; and

(c) the area of the fence between 20m and 25m in height has between 20% and 25% of its area open.

(5) The consent and report of the relevant council must be obtained to an application for a building permit in relation to a design which does not comply with this regulation.



Reg. 4.27 substituted by S.R. No. 171/2001 reg. 7.

4.27 Fences on street alignments

r. 4.27

(1) The consent and report of the relevant council must be obtained to an application for a building permit to construct a fence within 9m of a point of intersection of street alignments and exceeding a height of 12m above the footpath.

(2) A fence adjacent to a street alignment or public open space must not contain barbed wire or other sharp protrusions unless—

(a) the fence is set back at least 150mm from the street alignment or boundary of the public open space; or

(b) the barbed wire or other sharp protrusion is at a height of at least 2m above the level of the street or public open space.



Reg. 4.28 substituted by S.R. No. 171/2001 reg. 7.

4.28 Fences and daylight to existing habitable room windows

(1) A fence more than 2m in height must be set back from a habitable room window in an existing building on an adjoining allotment to provide for a light court to the window that has a minimum area of 3m2 and a minimum dimension of 1m clear to the sky.

(2) The area of the light court required under sub-regulation (1) may include land on the adjoining allotment.
(3) A fence with an average height of more than 3m opposite a habitable room window in an existing dwelling on an adjoining allotment must be set back from that window at least half the height of the fence if the fence is within a 55° angle in the horizontal plane about a vertical axis through the centre of the window.

(4) For the purposes of sub-regulation (3), the angle may be swung to not less than 35° from the plane of the wall containing the window.

(5) If the window referred to in sub-regulation (3) is above ground floor level, then for the purposes of that sub-regulation, the fence height is to be measured from the floor level of the room containing the window.

(6) The consent and report of the relevant council must be obtained to an application for a building permit in relation to a design which does not comply with this regulation.



Reg. 4.29 substituted by S.R. No. 171/2001 reg. 7.

4.29 Fences and solar access to existing north-facing habitable room windows

r. 4.29

(1) This regulation applies if—

(a) a fence more than 2m in height is to be constructed on an allotment; and

(b) a north-facing habitable room window or part of a window of an existing dwelling on an adjoining allotment is within 3m of a boundary of the allotment on which the fence is to be constructed; and

(c) the window is orientated towards the boundary.

(2) The proposed fence must be set back from the boundary not less than the distance specified in Table 4.29 for a distance of 3m from the edge of each side of the window or that part of the window that is within 3m of the boundary.

TABLE 4.29—SETBACKS FROM NORTH-FACING WINDOWS


Fence height at any point

Minimum setback from side or rear boundary at that point

36m or less

1m

More than 36m but not more than 69m

1m plus an additional distance calculated at the rate of 600mm for every metre of height over 36m

More than 69m

3m plus an additional distance calculated at the rate of 1m for every metre of height over 69m

(3) For the purposes of sub-regulation (1), a north-facing window is a window with an axis perpendicular to its surface oriented north 20° west to north 30° east.

(4) In this regulation "north" means true north.

(5) The consent and report of the relevant council must be obtained to an application for a building permit in relation to a design which does not comply with this regulation.


Reg. 4.30 substituted by S.R. No. 171/2001 reg. 7.

4.30 Fences and overshadowing of recreational private open space

r. 4.30

(1) A fence more than 2m in height must not reduce the sunlight to a recreational private open space of an existing dwelling on an adjoining allotment to the extent that less than the required minimum area of the recreational private open space has less than 5 hours of sunlight between 9 a.m. and 3 p.m. on 22 September.

(2) If a fence is to be constructed on an allotment and the existing amount of sunlight to a recreational private open space on an adjoining allotment is less than the amount required under sub-regulation (1), the amount of sunlight to that area must not be further reduced by the construction of the fence.

(3) The consent and report of the relevant council must be obtained to an application for a building permit in relation to a design which does not comply with this regulation.

(4) In this regulation the required minimum area of a recreational private open space is the lesser of—

(a) 75% of the recreational private open space; and

(b) 40m2 with a minimum dimension of 3m.



r. 4.30

(5) In this regulation "recreational private open space" means any part of private open space on an allotment—

(a) which is—

(i) at the side or rear of an existing dwelling on the allotment; or

(ii) within the front setback of an existing dwelling on the allotment and which is screened for at least 90% of its perimeter by a wall, fence or other barrier that is at least 15m high and that has no more than 25% of its area open; and

(b) which is primarily intended for outdoor recreation activities.



Reg. 4.31 substituted by S.R. No. 171/2001 reg. 7.

4.31 Masts, poles etc.

r. 4.31

The consent and report of the relevant council must be obtained to an application for a building permit to construct a mast, pole, aerial, antenna, chimney, flue, pipe or other service pipe which—

(a) when attached to a building, exceeds a height of 3m above the highest point of the roof of the building; or

(b) when not attached to a building, exceeds 8m above ground level.

_______________

1   2   3   4   5   6   7   8   9


Verilənlər bazası müəlliflik hüququ ilə müdafiə olunur ©azrefs.org 2016
rəhbərliyinə müraciət

    Ana səhifə