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earlier building envelope might deal with The “approved building envelope” allows a
overlooking and/or overshadowing. minimum front setback of 4m, a maximum
building height of 12m and the same side and
In relation to earlier “approved building rear setbacks as Part 4 of the Regulations.
envelopes”, it is anticipated that the most The application shows a front setback of 4m, a
common departures from the Regulations are maximum building height of 11m and side and
likely to involve front setbacks, building height rear setbacks that comply with the Regulations
and walls on boundaries. and the “approved building envelope”.
In all instances, the relevant building surveyor An assessment of the application under Part 4 of
(the RBS) must be satisfied that the matter is the Regulations shows that the required front
explicitly dealt with by the building envelope or setback is 5.5m, which is the average setback
any text annotations before determining that a distance of the existing dwellings on the
consent and report is not required. Inferring that adjoining allotments.
the building envelope deals with a siting matter is
not appropriate. Ordinarily, a consent and report would be
required for the front setback of 4m. A check of
5. Assessing a building permit application the “approved building envelope” shows that a
where there is an “approved building 4m setback is allowed and that the application
envelope”. complies with all other matters expressly
The new regulation 406(1) states: addressed by the “approved building envelope”,
that is, the building height and side and rear
“The consent and report of the relevant council is setbacks. Therefore a consent and report is not
not required in relation to a design in respect of required in relation to the 4m front setback.
an allotment where the design does not comply
with a regulation in this Part if— Similarly, Part 4 of the Regulations limits the
(a) an approved building envelope applies to the building height to a maximum of 9m, as the
allotment and deals with a siting matter that allotment is level. The “approved building envelope”
is regulated by that regulation; and allows a maximum building height of
(b) the design of the building is consistent 12m, and as it has been determined that the
with all the siting matters dealt with by application complies with all other siting matters
the approved building envelope that addressed by the “approved building envelope”,
are regulated by this Part.” a consent and report is not required for the 11m
building height.
It is the responsibility of the RBS to
determine whether a consent and report 6. Adjoining allotments not part of the same
is required or not required. It should be noted agreement.
that pursuant to sub regulation (1)(b), the
application must comply with all the siting Where an adjoining allotment is not part of the
matters dealt with by the approved building same section 173 agreement or shown on the
envelope. same certified plan of subdivision, any siting
matter dealt with by the “approved building
Example: envelope” that relates to the amenity of the
A building permit application is received where adjoining allotment does not have effect as it
the allotment is subject to an “approved building relates to that adjoining allotment. The equivalent
envelope” that deals with front, side and rear regulations under Part 4 apply instead.
setbacks and building height.
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The following table provides guidance in relation to a number of scenarios that may arise when assessing
a building permit application where an approved building envelope applies.
Meets all the regulations but Yes, but not conforming to the 4 Applicant is advised to redesign or
not some specifications of the envelope may result in a breach ask council to amend envelope, to
envelope. of covenant or agreement. avoid breaching covenant or
agreement.
Does not meet the regulations No. 4 Redesign so the proposal meets all the
on one matter, and meets the It cannot be determined that a envelope specifications.
envelope on that matter but not consent and report is not 4 Applicant asks council to amend
on other matters. required as the application envelope on the other matters.
does not comply with all 4 Building surveyor or applicant seeks
siting matters addressed by the consent and report from council to
envelope. depart from regulation on that matter
(the owner is still required to comply
with the envelope even if the council
consents to that matter).
Meets all the regulations and Yes, but not conforming to the 4 Redesign so proposal meets all
meets the envelope except on envelope may result in a envelope specifications.
one matter. breach of covenant or 4 Applicant asks council to amend
agreement. envelope on that matter.
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