PO Box 35
Echuca VIC 3564
DWELLINGS AND OUTBUILDINGS
APPLICATION TO COUNCIL FOR SITING CONCESSION/DISPENSATION
PURSUANT TO BUILDING REGULATIONS PART 4
Building Regulations 2006
Tel (03) 5481 2200
Fax (03) 5481 2290
Free call 1300 666 535
E-mail: shire@campaspe.vic.gov.au
Website: www.campaspe.vic.gov.au
TO: MUNICIPAL BUILDING SURVEYOR – BOB BARRASS BS-U 23150 IS HEREBY APPOINTED
UNDER SECTION 78 OF BUILDING ACT 1993
OWNER/AGENT OF
OWNER
Postal Address
Postcode :
Address for serving or giving of documents
Contact Person
Telephone
OWNERSHIP DETAILS
(only if agent of owner listed
above)
Postal Address
Postcode:
Contact Person
Telephone
RELEVANT BUILDING SURVEYOR
Postal Address
Postcode:
Contact Person
Telephone
PROPERTY DETAILS
No:
Lot No:
LP/PS:
Street/Road:
Suburb:
Vol:
Fol:
NATURE OF WORK
Minimum Response Time 2 weeks
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CHECKLIST
The following documents are required for this application to be assessed and further information may be requested
depending on the outcome of the below data:
Copy of Title including plan of subdivision and all relevant covenants
Floor and Site Plan – 2 copies – (scale 1:100, 1:200 or 1:500) clearly indicating
 Allotment dimensions, area and north direction
 Location of any existing building(s) on the allotment and adjoining property building(s) including roof eave
widths, boundary setbacks of buildings, building lengths, window locations, room usage and boundary
fence heights.
 Distance between the boundary line from the proposed structure and any buildings, including windows
on the adjacent allotments.
Drawing Elevations – 2 copies – (scale 1:100) clearly indicating all fence heights, wall heights (measured from
natural ground level to top of roof covering)
Completed comment forms from the relevant owners of adjoining properties. Please notify the Building
Department if you have any difficulties contacting the adjoining owners for which we will pursue the adjoining
owner’s comments.
A written submission from the applicant detailing the reasons for the request, together with supporting
information (photographs ay be included in support of the application).
Applications for consent for overshadowing or overlooking provisions will require overshadowing and overlooking
diagrams illustrated on the site plans and elevations respectively to be submitted.
NOTE: Failure to supply any items listed above will result in your application being returned.
I understand that the applicable fee is non-refundable and that no guarantee can be given that consent will be
granted for the proposed works.
SIGNATURE OF OWNER OR AGENT ________________________________________
Date ________________
--------------------------------------------------------------------------------------------------------------------------------------------------------------------------PAYMENT DETAILS
Bankcard
MasterCard
Visa
Card No. ___ ___ ___ ___/ ___ ___ ___ ___/ ___ ___ ___ ___/ ___ ___ ___ ___
Cardholders Name: ___________________________________
Expiry Date: __ __ __/ __ __ __
Amount of: $250.65
Signature: ____________________________________________________
-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------OFFICE USE ONLY
Receipt to: General Ledger – BSER – $250.65
Fee received: $ ___________________
Received by: ________________________________________ Date: ________________________________
Receipt No: ________________________________ (Forward to Building Department)
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ONSITE COMMENTS
SUBMISSION FORM
Please provide reasons for this request and supporting information.
Signature of Owner / Agent: __________________________________________
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Date: ____________
3
REQUESTED CONCESSIONS / DISPENSATIONS
Please tick the appropriate box and ensure that the information requested on the previous checklist and that mentioned below is
illustrated on the site plan, floor plan and elevations. Further information may be requested dependant on the particular design or
affected allotments.

Maximum boundary setback does not comply with Regulation 408
Proposed setback __________
Adjoining property setbacks __________ & __________
 Minimum setback from a street boundary does not comply with Regulation 409
Proposed setback ________

Adjoining property setbacks __________ & __________
Maximum building height does not comply with Regulation 410
Proposed building height (measured to the ridge of roof covering). Any adjoining property building heights

Site coverage exceeds 60% of the allotment which does not comply Regulation 411
Existing site coverage __________ Proposed site coverage (including existing) __________

Impermeable surfaces covering more than 80% of an allotment area which does not comply with Regulation 412
Existing impermeable surface area.

Proposed impermeable surface area (including existing area)
The Minimum 2 Car parking space dimensions do not comply with Regulation 413
Existing and proposed car parking dimensions of each car space ______x_______ & _______x________

Side or rear boundary setbacks do not comply with Regulation 414
Existing setback _____ Proposed building setback ____
Proposed wall height (measured from natural ground level to top of roof) _____

Walls or carports within 1m of boundary that do not comply with the average height of 3.2m, maximum height of 3.6m or maximum
length required by Regulation 415
Existing wall height _____ Existing building length _____ Existing setback _____
Proposed wall height (measured from natural ground level to top of roof) __ Proposed building length __
Proposed building setback ____


Wall or carport is within the minimum 1m wide x 3m long light court or exceeds an average height of 3.0m and is within the minimum
light court setback mentioned in Regulation 416(3) from an existing habitable room window in an existing building on an adjoining
allotment (daylight to existing habitable room window). Consent and Report is required in accordance with Regulation 416(6)
Adjoining building floor level at window(measured from natural ground level)
_______
Adjoining building roof boundary setback (measured from the outermost projection)
_______
Proposed wall or carport height (measured from natural ground level and top of roof )
_______
Proposed building roof boundary setback (measured from the outermost projection)
_______
Solar access for a distance of 3m each side of an existing northerly facing habitable room window of an existing building on an
adjoining allotment which is located within 3m of the boundary of the allotment on which the proposed building is to be constructed.
Consent and Report is required in accordance with 417.
Existing adjoining building boundary setback _______ Proposed building boundary setback ________
Proposed building wall or carport height (measured from natural ground level to roof) ________

Overshadowing of the adjoining allotments recreational private open space is less than 75% or 40m2 (with a Minimum dimension of
3m) whichever is the lesser and does not comply with Regulation 418.
Nominate on the site plan the adjoining allotments recreational private open space which is at the side, rear or front (only where the allotment is
screened for 90% of its perimeter by a 1.5m high fence/structure with no more than 25% of its surface area open) of the existing dwelling.

Overlooking into the adjoining allotments secluded private open space or habitable room, which does not comply with Regulation
419.
Illustrate on the site plan the outline of the adjoining building, window locations and room usage, and boundary fence heights.
On the elevation plan please illustrate the boundary fence height and ground contours.

Daylight to new habitable room window of a proposed building does not comply with Reg 420

The private open space of a proposed building is less than 80m2 or 20% of the area of the allotment, whichever is the lesser, which
does not comply with Regulation 421.

Proposed private open space area (including dimensions) _____ Existing Private open space _____
Siting of a Class 10a buildings, which does not comply with Regulation 422.
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C O M M E N T
F O R M
Building Regulations 2006
I am the adjacent relevant owner of the property at the following address:
and
I have sighted, signed and dated the proposed site and architectural drawings
(drawing numbers _________________) for my neighbours proposed works at the following address:
(address)
I am aware that the proposed works are designed outside the siting requirements prescribed in the Building Regulations
2006 and have:
(a)
no objection to Council issuing consent to the proposed siting of the building/structure pursuant to Building
Regulations Part 4 or,
(b)
I request that Council not issue consent to the proposed siting of the building/structure pursuant to Building
Regulations Part 4.
Please clearly strike out that which is not applicable of (a) or (b) above.
Please provide your reasons for objecting to the proposal in order for Council to take into account your issue(s) for
concern.
Please print your name here:
and sign here,
____________________________________________________
_______________________
and date here,
________________
Council thanks you for your comments.
Note: This comment form must be signed by the legal owner of the relevant property concerned. Signatures from
persons renting the property will not be accepted.
Please do not hesitate to contact Councils' Building Services Department for further information on ph. 5481 2200 or
Councils Cnr. Heygarth & Hare Street Main Offices.
Comments to be submitted within 7 working days
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C O M M E N T
F O R M
Building Regulations 2006
I am the adjacent relevant owner of the property at the following address:
and
I have sighted the plans (drawing numbers _________________) for my neighbours proposed works at:
I am aware that the proposed works are designed outside the siting requirements prescribed in the Building Regulations
2006 and have:
(a)
no objection to Council issuing consent to the proposed siting of the building/structure pursuant to Building
Regulations Part 4 or,
(b)
I request that Council not issue consent to the proposed siting of the building/structure pursuant to Building
Regulations Part 4.
Please clearly strike out that which is not applicable of (a) or (b) above.
Please provide your reasons for objecting to the proposal in order for Council to take into account your issue(s) for
concern.
Please print your name here:
_________________________________________________________
Sign here:___________________________
and date here:
________________
Council thanks you for your comments.
Note: This comment form must be signed by the legal owner, of the relevant property concerned. Signatures from
persons renting the property; and or agent will not be accepted.
Please do not hesitate to contact Councils' Building Services Department for further
or Councils Cnr Heygarth & Hare Street Main Offices.
information on ph. 5481 2200
Comments to be submitted within 7 working days
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DECISION GUIDELINE FOR SITING AND DESIGN OF SINGLE DWELLINGS
Maximum Street Setback
The reporting authority may give its consent where a single dwelling, other than a fence, does not comply with regulation
408 of the Building Regulations, if—
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
the setback will be more appropriate taking into account the prevailing setbacks of existing buildings on nearby
allotments; or
the siting of the building is constrained by the shape and or dimensions of the allotment; or
the siting of the building is constrained by the slope of the allotment or other conditions on the allotment; or
there is a need to increase the setback to maximise solar access to habitable room windows and or private open
space; or
the setback will be more appropriate taking into account the desire or need to retain vegetation on the allotment;
and
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
the setback will not result in a disruption of the streetscape; and
the setback is consistent with any relevant neighbourhood character objective, policy or statement set out in the
relevant planning scheme.
Minimum Street Setback
The reporting authority may give its consent where a single dwelling, other than a fence, does not comply with regulation
409 of the Building Regulations, if—
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
the setback will be more appropriate taking into account the prevailing setback within the street; or
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
the siting of the building is constrained by the shape and or dimensions of the allotment; or
the siting of the building is constrained by the slope of the allotment or other conditions on the allotment; or
there is a need to decrease the setback to maximise solar access to habitable room windows and or private open
space; or
the setback will be more appropriate taking into account the desire or need to retain vegetation on the allotment;
and
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
the setback will not result in a disruption of the streetscape; and
the setback is consistent with any relevant neighbourhood character objective, policy or statement set out in the
relevant planning scheme.
Building height
(This is a Planning requirement & is a reference only, cannot be varied under Building Regulations)
The reporting authority may give its consent to an application for a building permit for a single dwelling, which does not
comply with regulation 410 of the Building Regulations, if—
(a)
(b)
(c)
(d)
(e)
the height will be more appropriate taking into account the prevailing heights of existing buildings on nearby
allotments; or
the height will be more appropriate taking into account the preferred character of the area, where it has been
identified in the relevant planning scheme; and
the height 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
the height will not result in a disruption of the streetscape; and
the height is consistent with any relevant neighbourhood character objective, policy or statement set out in the
relevant planning scheme.
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Site Coverage
The reporting authority may give its consent to an application for a building permit for a single dwelling, which does not
comply with regulation 411 of the Building Regulations, if—
(a)
(b)
(c)
(d)
the site coverage will be more appropriate taking into account the preferred character of the area, where it has
been identified in the relevant planning scheme; or
the site coverage will be consistent with that of existing development on the allotment, if applicable; and
the site coverage 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
the site coverage is consistent with any relevant neighbourhood character objective, policy or statement set out in
the relevant planning scheme.
Permeability
The reporting authority may give its consent to an application for a building permit for a single dwelling, which does not
comply with regulation 412 of the Building Regulations, if—
(a)
(b)
(c)
the amount of impermeable surfaces would be consistent with that of existing development on the allotment, if
applicable; or
the capacity of the drainage network servicing the allotment is able to accommodate the additional stormwater
that the development will cause; or
on-site stormwater retention is able to accommodate the additional stormwater that the development will cause.
Car parking
The reporting authority may give its consent to an application for a building permit for a single dwelling, which does not
comply with regulation 413 of the Building Regulations, if—
(a)
(b)
(c)
(d)
(e)
(f)
the anticipated residents are likely to generate a lesser demand for carparking; or
the provision of carparking on the allotment would reduce the on-street carparking by equal to or more than the
number of carparking spaces that would be provided on the allotment; or
the dimensions of the allotment provide insufficient width and/or depth to enable the provision of the required
carparking on the allotment; or
the location of existing development on the allotment provides insufficient width and/or depth to enable the
provision of the required carparking on the allotment; or
the availability of public transport and on-street parking would lessen the demand for carparking on the allotment;
and
the provision of carparking is consistent with any relevant local planning policy or parking precinct plan in the
relevant planning scheme.
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Side and rear setbacks
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, if—
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
the setback will be more appropriate taking into account the prevailing setback of existing buildings on nearby
allotments; or
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
the slope of the allotment and or existing retaining walls or fences reduce the effective height of the building; or
the building abuts a side or rear lane; or
the building is opposite an existing wall built to or within 150mm of the boundary; or
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
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
the setback will not result in a disruption of the streetscape; and
the setback is consistent with any relevant neighbourhood character objective, policy or statement set out in the
relevant planning scheme.
Walls on boundaries
The reporting authority may give its consent to an application for a building permit for a single dwelling, which does not
comply with regulation 415 of the Building Regulations, if—
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
the location, length and or height of the wall will be appropriate taking into account the prevailing location, length
and or height of boundary walls of existing buildings on nearby allotments; or
the location, length and or height of the wall will be more appropriate taking into account the preferred character
of the area, where it has been identified in the relevant planning scheme; or
the slope of the allotment and or existing retaining walls or fences reduce the effective height of the wall; or
the wall abuts a side or rear lane; or
the increased wall height is required to screen a box gutter; or
the location, length and or height of the wall(s) will not result in a significant impact on the amenity of existing
dwellings on nearby allotments; and
the location, length and height of the wall 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
the location, length and height of the wall is consistent with any relevant neighbourhood character objective,
policy or statement set out in the relevant planning scheme.
Daylight to existing habitable room windows
The reporting authority may give its consent to an application for a building permit for a single dwelling, which does not
comply with regulation 416 of the Building Regulations, if—
(a)
(b)
the building will not impact on the amenity of existing dwellings on nearby allotments; and
the building 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.
Solar access to existing north-facing habitable room windows
The reporting authority may give its consent to an application for a building permit for a single dwelling, which does not
comply with regulation 418 of the Building Regulations, if—
(a)
(b)
the building will not impact on the amenity of existing dwellings on nearby allotments; and
the building 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.
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Overshadowing of secluded private open space
The reporting authority may give its consent to an application for a building permit for a single dwelling, which does not
comply with regulation 418 of the Building Regulations, if—
(a)
(b)
the proposed building will not significantly impact on the amenity of the secluded private open space(s) on nearby
allotments; and
the building 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.
Overlooking
The reporting authority may give its consent to an application for a building permit for a single dwelling, which does not
comply with regulation 419 of the Building Regulations, if—
(a)
(b)
the proposed building will not significantly impact on the amenity of existing dwellings on nearby allotments and or
any associated secluded private open space; or
the building will not significantly increase the level of existing overlooking of habitable room windows of existing
dwellings on nearby allotments and or any associated secluded private open space.
Daylight to new habitable room windows
The reporting authority may give its consent to an application for a building permit for a single dwelling, which does not
comply with regulation 420 of the Building Regulations, if—
(a)
the area of the window is larger than 10% of the floor area of the habitable room.
Private open space
The reporting authority may give its consent to an application for a building permit for a single dwelling, which does not
comply with regulation 421 of the Building Regulations, if—
(a)
(b)
the location of the private open space maximises the solar orientation of the allotment; or
the availability of, and access to, public open space or communal open space would lessen the demand for
private open space on the allotment.
Front Fence Height
The reporting authority may give its consent to an application for a building permit for a fence, which does not comply
with regulation 424 of the Building Regulations, if—
(a) the fence will be more appropriate taking into account the prevailing heights, setbacks and design of existing front
fences on nearby allotments; or
(b) the slope of the allotment and or existing retaining walls or fences reduce the effective height of the wall; or
(c)
the fence is required for the minimisation of noise intrusion; and
(d) the fence height will not result in a disruption of the streetscape; and
(e) the fence height, setback and design are consistent with any relevant neighbourhood character objective, policy
or statement set out in the relevant planning scheme
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