Apply for Council Consent

Overview

The Building Regulations contain a number of provisions where Council can decide on a variation to a proposal that does not comply with the relevant regulation, for example reduction of your front setback, building on land liable to flooding, or building a shed on vacant land.

Report & Consent

When applying for report & consent, you need to provide a supporting information as to why you are requesting the change. These may include restrictions to the property or the building design that do not allow siting to comply such as the shape or slope of the allotment, height of the building or positioning of a window. Further information can be found in the relevant report & consent appendix including an extract of the regulation and the decision guidelines that Council are required to use.

Some of the regulations require additional information such as adjacent owner's comments or referrals to other agencies. The application form lists these requirements against the applicable regulation. 

Please refer to the relevant appendix to assist you with your application.

How to apply

  1. Complete the report and consent application form Part A(PDF, 1MB). Unsure your application is siting or non-siting? Please refer to the table below.
  2. Complete the Part B application form. Find these below in the Report & Consent Forms and Appendix Table. You will need one for each applicable regulation.
  3. If instructed in the Part B form, obtain the Adjoining Owners Consent.
  4. Pay a fee of $320.25 (non-siting) or $448.30 (siting) per regulation.

Report & Consent Forms and Appendix Table

Regulation

Application Form Part B

 Regulation and Decision Guidelines
 Siting

Maximum boundary setback does not comply

Reg. 73

Appendix 1

Minimum setback from a street boundary does not comply

Reg. 74

Appendix 2

Maximum building height does not comply

Reg. 75

Appendix 4

Site coverage exceeds 60% of the allotment and does not comply

Reg. 76

Appendix 12

Impermeable surface area does not comply

Reg. 77

Appendix 13

Provision for car parking space and car parking space dimensions do not comply

Reg. 78

Appendix 14

Side or rear boundary setbacks do not comply

Reg. 79

Appendix 3

Walls within 200mm of a boundary or carports within 1m of boundary do not comply

Reg. 80

Appendix 5

The proposed building reduces solar access to existing habitable room window on the adjoining allotment and does not comply

Reg. 81

Appendix 6

Proposed building reduces solar access to existing north-facing habitable room window on the adjoining allotment and does not comply

Reg. 82

Appendix 7

Overshadowing –proposed building reduces sunlight to a recreational private open space (RPOS) of an existing dwelling on an adjoining allotment and does not comply

Reg. 83

Appendix 8

Overlooking – proposed habitable room window or private open space provides direct line of sight into the adjoining allotment’s secluded private open space or habitable room window and does not comply

Reg. 84

Appendix 9

Daylight to new habitable room window of a proposed building does not comply

Reg. 85

Appendix 10

The size of the private open space for the proposed building does not comply

Reg. 86

Appendix 11
Open space for small second dwelling does not comply. Reg. 86A(PDF, 77KB) Appendix 11a(PDF, 72KB)

To ensure a small second dwellings has safe access.

 Reg. 86B(PDF, 72KB) Appendix 11b(PDF, 73KB)

Siting of Class 10a building is not appurtenant to a building of another class

Reg. 87

Appendix 23

Maximum front fence height does not comply

Reg. 89

Appendix 15

Fence on a side or rear boundary exceeds 2m in height does not comply

Reg. 90

Appendix 16

Fence within 150mm from side or rear boundary exceeds 2m in height and does not comply

Reg. 91

Appendix 17

Fence within 9m of a point of intersection of street alignments exceeds 1m in height and does not comply

Reg. 92

Appendix 18

Proposed fence (exceeding 2m in height) reduces daylight to an existing habitable room window on an adjoining allotment and does not comply

Reg. 94

Appendix 19

Proposed fence (exceeding 2m in height) reduces daylight to an existing north-facing habitable room window on an adjoining allotment and does not comply

Reg. 95

Appendix 20

Overshadowing –proposed fence reduces sunlight to a recreational private open space (RPOS) of an existing dwelling on an adjoining allotment and does not comply

Reg. 96

Appendix 21

Proposed mast, pole, aerial, antenna, chimney flue pipe or other service pipe does not comply

Reg. 97

Appendix 24
 Non-siting

Part 6 - Regulations 99-108

  • Architectural features – narrow
  • Architectural features – medium
  • Architectural features – wide
  • Windows and balconies
  • Verandahs
  • Sunblinds and awnings
  • Service pipes and rainwater heads
  • Window shutters
  • Signs
  • Service cabinet doors

Part 8

  • Building above and below certain public facilities
 Parts 6 & 8 Appendix 25

Construction of buildings on land liable to flooding

Reg. 153(PDF, 887KB)

Appendix 26


 

Visit Council's Building & Planning Resources page for building and planning application and registration forms.

Demolition Consent

Prior to the commencement of demolition or removal of a building (including partial demolition/removal) you may be required to apply for Section 29a demolition consent. Please note a Building Permit is required in addition to the consent before demolition or removal of a building. 

Related Information

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