Thirdslide

Council Consents

We may vary some provisions in the Building Regulations when we issue a Council Consent.

The Building Interim Regulations 2017 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 Interim Regulations 2017 Schedule 4, Part 2 for a complete list of the matters that require Council 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 Matters
    examples: 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 (Regulation 310)

  • Projections beyond street alignment (Regulation 513)

    • 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 (Regulation 515)

  • Precautions over a street to protect the safety of the public (Regulation 604)

  • Installation or alteration of a septic tank system, or construction of a building over an existing septic tank system (Regulation 801)

  • Construction of buildings on land liable to flooding (Regulation 802)

  • Building on designated land - Uncontrolled overland drainage (Regulation 806)


Siting matters

Matters covered by this classification include:

  • Maximum Setback from a street boundary (Regulation 408)

  • Minimum Setback from a street boundary (Regulation 409)

  • Building height (Regulation 410)

  • Site coverage (Regulation 411)

  • Impermeable surfaces covering more than 80% of an allotment area (Regulation 412)

  • Car parking spaces (Regulation 413)

  • Side or rear boundary setbacks - height and length (Regulation 414)

  • Walls or carports on the side / rear boundary (Regulation 415)

  • Building setbacks - daylight to existing habitable room window (Regulation 416)

  • Building setbacks - solar access to existing north-facing windows (Regulation 417)

  • Building design - overshadowing of recreational private open space (Regulation 418)

  • Window or raised open space - overlooking (Regulation 419)

  • Building design - daylight to habitable room window (Regulation 420)

  • Private open space (Regulation 421)

  • Appurtenant Class 10 buildings including garages/sheds on vacant lots (Regulation 422)

  • Front fence height (Regulation 424)

  • Fence setback from side or rear boundary (Regulation 425)

  • Length or height of side or rear boundary fence (Regulation 426)

  • A fence within 9m of an intersection (Regulation 427)

  • Fence setback - daylight to existing habitable room window (Regulation 428)

  • Fence setback - solar access to existing north-facing windows (Regulation 429)

  • Fence design - overshadowing of recreational private open space (Regulation 430)

  • Mast, pole, aerial, antenna, chimney flue pipe or other service pipe (Regulation 431)



Page last updated: Wednesday, 26 July 2017
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