Rescode: Side and Rear Setbacks

Variation 414

Objective

To ensure that the height and setback of a building from a boundary respects the existing or preferred character and limits the impact on the amenity of existing dwellings.

Decision Guidelines

The reporting authority may give its consent to an application for a building permit for a single dwelling, which does not comply with regulation 414 of the Building Regulations 2006, if -

  1. the setback will be more appropriate taking into account the prevailing setback of existing buildings on nearby allotments; 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 slope of the allotment and/or existing retaining walls or fences reduce the effective height of the building; or
  4. the building abuts a side or rear lane; or
  5. the building is opposite an existing wall built to or within 150mm of the boundary; or
  6. the setback will not result in a significant impact on the amenity of the secluded private open space and habitable room windows of existing dwellings on nearby allotments; and
  7. the setback is consistent with a building envelope that has been approved under a planning scheme or 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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