Building Amendment (Garden Area and Siting Requirements) Regulations 2018 (Vic)

Building Amendment (Garden Area and Siting Requirements) Regulations 2018

S.R. No. 100/2018

TABLE OF PROVISIONS

Regulation  Page

1Objective

2Authorising provisions

3Principal Regulations

4New regulation 76A inserted

5Amendment of Schedule 6—Planning schemes

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Endnotes

STATUTORY RULES 2018

S.R. No. 100/2018

Building Act 1993

Building Amendment (Garden Area and Siting Requirements) Regulations 2018

The Lieutenant-Governor as the Governor's deputy, with the advice of the Executive Council, makes the following Regulations:

Dated: 10 July 2018

Responsible Minister:

RICHARD WYNNE
Minister for Planning

ANDREW ROBINSON

Clerk of the Executive Council

1Objective

The objective of these Regulations is to amend the Building Regulations 2018—

(a)to provide for a new siting requirement relating to a minimum garden area for certain allotments; and

(b)to update the zones of planning schemes which provide different siting requirements to the siting requirements in those Regulations.

2Authorising provisions

These Regulations are made under sections 7, 9, 261 and 262 of, and Schedule 1 to, the Building Act 1993.

3Principal Regulations

In these Regulations, the Building Regulations 2018[1] are called the Principal Regulations.

4New regulation 76A inserted

After regulation 76 of the Principal Regulations insert—

"76A   Minimum garden area

(1)This regulation applies if—

(a)an allotment is in a zone of a planning scheme specified in Schedule 6; and

(b)the zone in the planning scheme specifies a minimum garden area requirement; and

(c)there is no schedule to the zone that specifies that the construction or extension of a building on the allotment is exempt from the minimum garden area requirement.

(2)The allotment must have a minimum garden area of—

(a)in the case of an allotment that has an area equal to or greater than 400 m² and less than or equal to 500 m²—not less than 25% of the area of the allotment; and

(b)in the case of an allotment that has an area greater than 500 m² and less than or equal to 650 m²—not less than 30% of the area of the allotment; and

(c)in the case of an allotment that has an area greater than 650 m²—not less than 35% of the area of the allotment.

(3)In this regulation—

garden area means any area on an allotment with a minimum dimension of 1 m other than an area covered by a building, a driveway or an area set aside for car parking.

(4)For the purposes of subregulation (3), an area covered by a building does not include any of the following—

(a)a Class 10a building not exceeding 10 m² in area;

(b)a Class 10b or Class 10c building or structure;

(c)eaves, fascia and gutters not exceeding a total width of 600 mm;

(d)a pergola;

(e)unroofed terraces, unroofed patios, unroofed ramps, unroofed decks, unroofed steps or landings less than 800 mm in height;

(f)any part of a building that does not project above ground level;

(g)a disabled access ramp;

(h)flues, pipes and rainwater heads;

(i)domestic fuel tanks and water tanks;

(j)heating and cooling equipment and other services;

(k)any other domestic appliance or apparatus that is normally associated with, and services, a Class 1 or Class 10 building.

(5)This regulation does not apply to an allotment if the allotment has less garden area than the minimum garden area required under the planning scheme applying to the allotment on 27 March 2017.".

5Amendment of Schedule 6—Planning schemes

(1)In Schedule 6 to the Principal Regulations, for "76(1)," substitute "76(1), 76A(1),".

(2)In items 4, 9, 12, 15, 17, 33, 34, 36, 38, 40, 43, 55, 57, 61, 67, 68, 71 and 74 in Schedule 6 to the Principal Regulations, after "General Residential Zone (GRZ)" insert "Neighbourhood Residential Zone (NRZ)".

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Endnotes

[1] Reg. 3: S.R. No. 38/2018 as amended by S.R. No. 75/2018.

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Table of Applied, Adopted or Incorporated Matter

The following table of applied, adopted or incorporated matter is included in accordance with the requirements of regulation 5 of the Subordinate Legislation Regulations 2014.

Statutory rule provision	Title of applied, adopted or incorporated document	Matter in applied, adopted or incorporated document
Regulation 5 of the Building Amendment (Garden Area and Siting Requirements) Regulations 2018 which amends Schedule 6 to the Building Regulations 2018	Banyule Planning Scheme made under the Planning and Environment Act 1987	Neighbourhood Residential Zone and the provisions of the Planning Scheme (including planning scheme maps) identifying that Zone
Boroondara Planning Scheme made under the Planning and Environment Act 1987	Neighbourhood Residential Zone and the provisions of the Planning Scheme (including planning scheme maps) identifying that Zone
Cardinia Planning Scheme made under the Planning and Environment Act 1987	Neighbourhood Residential Zone and the provisions of the Planning Scheme (including planning scheme maps) identifying that Zone

Statutory rule provision	Title of applied, adopted or incorporated document	Matter in applied, adopted or incorporated document
Colac Otway Planning Scheme made under the Planning and Environment Act 1987	Neighbourhood Residential Zone and the Schedule to that Zone and the provisions of the Planning Scheme (including planning scheme maps) identifying that Zone
Darebin Planning Scheme made under the Planning and Environment Act 1987	Neighbourhood Residential Zone and the provisions of the Planning Scheme (including planning scheme maps) identifying that Zone
Indigo Planning Scheme made under the Planning and Environment Act 1987	Neighbourhood Residential Zone and the provisions of the Planning Scheme (including planning scheme maps) identifying that Zone
Kingston Planning Scheme made under the Planning and Environment Act 1987	Neighbourhood Residential Zone and the provisions of the Planning Scheme (including planning scheme maps) identifying that Zone
Latrobe Planning Scheme made under the Planning and Environment Act 1987	Neighbourhood Residential Zone and the provisions of the Planning Scheme (including planning scheme maps) identifying that Zone
Statutory rule provision	Title of applied, adopted or incorporated document	Matter in applied, adopted or incorporated document
Manningham Planning Scheme made under the Planning and Environment Act 1987	Neighbourhood Residential Zone and the Schedule to that Zone and the provisions of the Planning Scheme (including planning scheme maps) identifying that Zone
Maribyrnong Planning Scheme made under the Planning and Environment Act 1987	Neighbourhood Residential Zone and the provisions of the Planning Scheme (including planning scheme maps) identifying that Zone
Melton Planning Scheme made under the Planning and Environment Act 1987	Neighbourhood Residential Zone and the provisions of the Planning Scheme (including planning scheme maps) identifying that Zone
Nillumbik Planning Scheme made under the Planning and Environment Act 1987	Neighbourhood Residential Zone and the provisions of the Planning Scheme (including planning scheme maps) identifying that Zone
Port Phillip Planning Scheme made under the Planning and Environment Act 1987	Neighbourhood Residential Zone and the Schedules to that Zone and the provisions of the Planning Scheme (including planning scheme maps) identifying that Zone
Statutory rule provision	Title of applied, adopted or incorporated document	Matter in applied, adopted or incorporated document
Southern Grampians Planning Scheme made under the Planning and Environment Act 1987	Neighbourhood Residential Zone and the provisions of the Planning Scheme (including planning scheme maps) identifying that Zone
Wangaratta Planning Scheme made under the Planning and Environment Act 1987	Neighbourhood Residential Zone and the provisions of the Planning Scheme (including planning scheme maps) identifying that Zone
Warrnambool Planning Scheme made under the Planning and Environment Act 1987	Neighbourhood Residential Zone and the provisions of the Planning Scheme (including planning scheme maps) identifying that Zone
Whittlesea Planning Scheme made under the Planning and Environment Act 1987	Neighbourhood Residential Zone and the provisions of the Planning Scheme (including planning scheme maps) identifying that Zone
Yarra Planning Scheme made under the Planning and Environment Act 1987	Neighbourhood Residential Zone and the provisions of the Planning Scheme (including planning scheme maps) identifying that Zone