Dispensations / Council Consent & Report

In some circumstances, only the local council will be able to approve a building project that is not in accordance with the regulations. In these cases you will need to seek a dispensation, known as a 'consent and report', from your local council. The need for a dispensation may occur in the following circumstances:

  • Building over an easement (sewer, storm water, gas, electricity)
  • Building on flood prone land
  • Building further to the front boundary than your neighbours have done
  • Erecting a garage on a vacant block.
  • Exceeding allowable length on a boundary
  • Exceeding allowable height on or near a boundary
  • Exceeding allowable distances to adjoining neighbours windows
  • Exceeding distances allowed for daylight to your windows

See -

Since easements are a restriction on title, there is no guarantee that a build over, on or near an easement will be approved. A building permit cannot be issued until these permits have been obtained.

Part 4 – Siting ** Requires Adjoining Owners Comments Form.

Part 4 of the Regulations requires that a report and consent be obtained where a design for a single dwelling does not comply with a regulation.

Regulation 408
Maximum Street Setback **
Regulation 409
Minimum Street Setback **
Regulation 410
Building Height **
Regulation 411
Site Coverage
Regulation 412
Regulation 413
Regulation 414
Side and Rear Setbacks **
Regulation 415
Walls on Boundaries **
Regulation 416
Daylight to Existing Habitable Room Windows **
Regulation 417
Solar Access to Existing North-Facing Windows **
Regulation 418
Overshadowing of Recreational Private Open Space **
Regulation 419
Overlooking **
Regulation 420
Daylight to Habitable Room Windows
Regulation 421
Private Open Space
Regulation 422
Siting of Class 10a Buildings

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