Rescode: Minimum Street Setback

Variation 409

Objective

To ensure that the setbacks of buildings from a street respect the existing or preferred character of the neighbourhood and make efficient use of the site.

Decision Guidelines

The reporting authority may give its consent where a single dwelling, other than a fence, does not comply with regulation 409 of the Building Regulations 2006, if-

  1. The setback will be more appropriate taking into account the prevailing setback within the street; or
  2. The setback will be more appropriate taking into account the preferred character of the area, where it has been identified in the relevant planning scheme; or
  3. The siting of the building is constrained by the shape and or dimensions of the allotment; or
  4. The siting of the building is constrained by the slope of the allotment or other conditions on the allotment; or
  5. There is a need to decrease the setback to maximise solar access to habitable room windows and or private open space; or
  6. The setback will be more appropriate taking into account the desire or need to retain vegetation on the allotment; and
  7. The setback is consistent with a building envelope that has been approved under a planning scheme or a planning permit and or included in an agreement under section 173 of the Planning and Environment Act 1987; and
  8. The setback will not result in a disruption of the streetscape; and
  9. The setback is consistent with any relevant neighbourhood character objective, policy or statement set out in the relevant planning scheme.

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