Siting requirements
Siting controls regulate issues such as setbacks, building heights, overlooking, overshadowing, paving materials and carparking and are applied to new building work, including additions/alterations to existing buildings.
The fencing controls regulate front fence heights on a front allotment boundary or within 3m of a front allotment boundary.
Dispensations
The building regulations do allow for some flexibility in the siting of buildings and fencing heights. Where a building design is required to comply with the siting requirements, but does not, an application may be made to Council for a “Report and Consent” (commonly referred to as a “Building Dispensation”).
Which controls apply?
The siting of single dwellings and associated buildings is controlled by the Building Interim Regulation 2017 and the Maroondah Planning Scheme.
You can check the zoning of your property on Free Planning Property report.
- For properties within the General Residential Zone (GRZ) or Neighbourhood Residential Zone (NRZ) the siting requirements can be found in the Maroondah Planning Scheme.
Applying for a dispensation
Application for dispensation for fence height or boundary setbacks
For queries on dispensations to fence height or boundary setback, please contact Statutory Planning on 1300 88 22 33 or 9298 4598.
- Regulation 73 - Maximum street setback
- Regulation 74 - Minimum street setbacks
- Regulation 74A - Building setback for small second dwellings
- Regulation 79 - Side and rear setbacks
- Regulation 89 - Front fence height
- Regulation 92 - Fences on street alignments.
Application forms for fence height or boundary setback dispensations
Application for other siting dispensations
For siting dispensation queries please contact Building Services 1300 88 22 33 or 9298 4598.
Applications can also be made for dispensation relating to:
- Regulation 75 - Building Height
- Regulation 76 - Site Coverage
- Regulation 77 - Permeability
- Regulation 78 - Car Parking
- Regulation 80 - Walls or Carports on Boundaries
- Regulation 81 - Daylight to Existing Habitable Room Windows
- Regulation 82 - Solar Access to North-Facing Habitable Room Windows
- Regulation 83 - Overshadowing of Recreational Private Open Space
- Regulation 84 - Overlooking
- Regulation 85 - Daylight to Habitable Room Windows
- Regulation 86 - Private Open Space
- Regulation 87 - Siting of a Class 10a Building, That is Appurtenant to a Building of Another Class
- Regulation 90 - Fence Setback From Side or Rear Boundary
- Regulation 91 - Length or Height of Side or Rear Boundary Fence
- Regulation 94 - Fences & Daylight to Existing Habitable Room Windows
- Regulation 95 - Fences & Solar Access to North-Facing Habitable Room Windows
- Regulation 96 - Fences & Overshadowing of Recreational Private Open Space
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Regulation 97 - A Mast, Pole, Aerial, Antenna, Chimney, Flue or Service Pipe
Application forms for other siting dispensations
Note: First time users of online lodgements will need to register as a new user to lodge an online application.
Adjoining owners’ comments
When applying for a dispensation by Council, the impact that the proposal has on the adjoining properties is taken into account. Council may determine that adjoining owners are given the opportunity to review and comment on certain applications.
- For applications relating to front and side and rear setbacks and front fences, Council will notify the neighbours by mail.
- For all other applications the applicant should seek comments using an Adjoining Owners Comments Form or alternatively Council can obtain these comments on behalf of the applicant at an additional cost.
Council will take comments from the neighbours into account when assessing an application against the applicable policy.
Appeals
If Council refuses an application for a siting dispensation the applicant may appeal to the Building Appeals Board, which may overturn the Council’s refusal.
The Board's determinations are final and must be put into effect by all parties. They can only be appealed at the Supreme Court on a point of law.