Council Consents

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

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 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 
  • 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.



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Page last updated: Monday, 24 June 2019
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