We reported recently on the new definition for “Garden Area” now contained in Victoria’s Planning Schemes. Applicants will be aware that, where applicable, these garden areas are mandatory requirements in the Neighbourhood and General Residential zones.
The concept of a ‘garden area’ was originally introduced to Planning Schemes in 2017 but did not expressly provide for the construction of single dwellings on larger lots which were exempt from planning permit requirements.
To bring the Building Regulations into line with the planning permit requirements, the Building Amendment (Garden Area and Siting Requirements) Regulations 2018 were enacted on 10 July 2018 and inserted a new regulation. Regulation 76A requires the consideration of a minimum garden area for the construction of a single dwelling in the Neighbourhood Residential Zone and General Residential Zone.
This is a mandatory requirement that cannot be varied by a report and consent.
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