Untitled document

Building Amendment (Siting Requirements) Regulations 2016

S.R. No. 49/2016

TABLE OF PROVISIONS

Regulation  Page

1Objective

2Authorising provisions

3Principal Regulations

4Maximum street setback

5Amendment of Schedule 5—Planning schemes

═══════════════

Endnotes

STATUTORY RULES 2016

S.R. No. 49/2016

Building Act 1993

Building Amendment (Siting Requirements) Regulations 2016

The Governor in Council makes the following Regulations:

Dated: 24 May 2016

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 2006—

(a)to update the zones of planning schemes which provide different siting requirements to the siting requirements in those Regulations; and

(b)in relation to the maximum street setback requirements for a battleaxe allotment.

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 2006[1] are called the Principal Regulations.

4Maximum street setback

(1)After regulation 408(1) of the Principal Regulations insert—

"(1A)For the purposes of subregulation (1), if a building is on a battleaxe allotment—

(a)a reference to the allotment is taken not to include a driveway that forms part of the battleaxe allotment; and

(b)a reference to the front street alignment is taken to be a reference to the common boundary between the battleaxe allotment and the front allotment (excluding the common boundary between any driveway that forms part of the battleaxe allotment and the front allotment).".

(2)After regulation 408(3) of the Principal Regulations insert—

"(4)In this regulation—

battleaxe allotment means—

(a)an allotment situated behind another allotment that has a street frontage; and

(b)the allotment has access to the street through a driveway, whether or not the driveway forms part of the allotment;

driveway includes any land related and contiguous to the driveway;

front allotment means an allotment that has a street frontage and that is situated in front of a battleaxe allotment.".

5Amendment of Schedule 5—Planning schemes

(1)In item 4 in Schedule 5 to the Principal Regulations, before "Residential Growth Zone (RGZ)" insert "Mixed Use Zone (MUZ)".

(2)In item 9 in Schedule 5 to the Principal Regulations, for "General Residential Zone (GRZ)" substitute "Residential Growth Zone (RGZ) General Residential Zone (GRZ) Neighbourhood Residential Zone (NRZ)".

(3)In item 16AA in Schedule 5 to the Principal Regulations, after "Residential Growth Zone (RGZ)" insert "Neighbourhood Residential Zone (NRZ)".

(4)In item 16AB in Schedule 5 to the Principal Regulations, before "Residential Growth Zone (RGZ)" insert "Mixed Use Zone (MUZ)".

═══════════════

ENDNOTES

[1]

Reg. 3: S.R. No. 68/2006. Reprinted to S.R. No. 197/2014. Subsequently amended by S.R. Nos 8/2015, 21/2015, 70/2015,

134/2015, 152/2015, 157/2015, 4/2016, 21/2016 and 33/2016.

——

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(1) which amends Schedule 5 to the Building Regulations 2006	Glen Eira Planning Scheme made under the Planning and Environment Act 1987	Schedule to the Mixed Use Zone and the provisions of the Planning Scheme (including the planning scheme maps) identifying that Zone
Regulation 5(2) which amends Schedule 5 to the Building Regulations 2006	Knox Planning Scheme made under the Planning and Environment Act 1987	Residential Growth Zone and Neighbourhood Residential Zone and the Schedules to those Zones and the Schedules to the General Residential Zone and the provisions of
Statutory rule provision	Title of applied, adopted or incorporated document	Matter in applied, adopted or incorporated document
the Planning Scheme (including the planning scheme maps) identifying those Zones
Regulation 5(3) which amends Schedule 5 to the Building Regulations 2006	Wellington 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 the planning scheme maps) identifying that Zone
Regulation 5(4) which amends Schedule 5 to the Building Regulations 2006	Whittlesea Planning Scheme made under the Planning and Environment Act 1987	Schedule to the Mixed Use Zone and the provisions of the Planning Scheme (including the planning scheme maps) identifying that Zone