The Building Regulations 2018 contain a number of provisions where Council can decide whether or not to allow a proposal.

This includes:

• construction over a drainage easement
• variations to height and setback requirements
• constructing sheds/garages on vacant allotments
• fence heights
• construction on unsewered land
• construction on land liable to flooding.

Our staff can advise you further on any of these matters.

Please refer to the Building Regulations 2018 for a complete list of the matters that require Council Report and Consent.

Consent types

Council Consents can be broken down into 3 separate types.

Each type of Council Consent has a different application form:

1. Council Consent Non-Siting Matters example: projections beyond street public protection unsewered areas land liable to flooding
2. Council Consent Siting Mattersexamples: setbacks wall heights and lengths site coverage
3. Drainage Easement For construction over or excavation into a drainage easement

Non-siting matters

Matters covered by this classification include:

• building over a drainage easement 
• projections beyond street alignment 
• architectural features
• service pipes and rainwater heads
• signs
• sunblinds and awnings
• verandahs
• windows and balconies
• window shutters
• buildings above or below a street railway bus terminal or similar public facility
• precautions over a street to protect the safety of the public
• installation or alteration of a septic tank system or construction of a building over an existing septic tank system
• construction of buildings on land liable to flooding
• building on designated land - Uncontrolled overland drainage.

Siting matters

Matters covered by this classification include:

• maximum setback from a street boundary
• minimum setback from a street boundary 
• building height 
• site coverage
• impermeable surfaces covering more than 80% of an allotment area 
• car parking spaces 
• side or rear boundary setbacks - height and length 
• walls or carports on the side / rear boundary 
• building setbacks - daylight to existing habitable room window 
• building setbacks - solar access to existing north-facing windows 
• building design - overshadowing of recreational private open space 
• window or raised open space - overlooking 
• building design - daylight to habitable room window 
• private open space 
• appurtenant Class 10 buildings including garages/sheds on vacant lots 
• front fence height 
• fence setback from side or rear boundary 
• length or height of side or rear boundary fence 
• a fence within 9 metres of an intersection 
• fence setback - daylight to existing habitable room window 
• fence setback - solar access to existing north-facing windows 
• fence design - overshadowing of recreational private open space 
• mast pole aerial antenna chimney flue pipe or other service pipe.