We Have Council Report And Consent Approval

8 04 2012

This is an overdue post on our council report and consent.

We were made aware that we may need to apply for report and consent when we first received our preliminary contract plans on 16 Jan 2012. This was confirmed at the Preliminary Contract meeting with our Sales Consultant, Melissa on the 2 Feb 2012.

Due to the dimensions of our block and the siting of both our house and the neighbour’s house, our plans did not meet 3 council regulations:

  • Building Regulation 409: Setback from street boundary not complying with Reg. 409 (Min. street setback)
  • Building Regulation 414: Side or rear setbacks not complying Reg. 414
  • Building Regulation 416: Building setbacks not complying with Reg. 416 (daylight to existing habitable room)

More information about these regulations can be found in the Building Commission Practice Notes.

We had the option of Metricon applying for the report and consent as the builder on our behalf or applying ourselves as the owners.  We elected to apply as the owners to enable us to deal directly with our neighbours and show them our plans and how they impacted on the regulations.  In order to simplify this process we drafted a letter for both our neighbours (left and right sides) to sign stating that that they “did not have any objection to the above proposal’s non compliance and grant permission for the above to occur.”  Whilst they were not obliged to utilise the letter we drafted, both neighbours were happy to sign it.

If we did not provide any comments from the neighbours in relation to the regulations to the council as part of our report and consent application, the council would be required to write to all adjoining property owners that were affected, notifying them of our application and give a time of 10 days for a response. This would also have been the case or if the builder had applied for the report and consent on our behalf.   We felt by speaking to the neighbours personally and getting their consent directly that this helped facilitate and expedite the council approval process.

Our application to the council included the following statement:

The proposal for our dwelling requires report and consent as follows:

  1. Front setback (409) – by bringing the house forward, more secluded open space is created to the rear and excavation costs are minimised with this reduced setback. In addition, the frontage is similar to the adjoining residence’s frontage to the south of the subject site.
  2. Side setback (414) – the side setback of x.xx meteres is only marginally less than the required x.xx metres for the building height. The impact is minimal, and will not detrimentally affect the adjoining neighbours in any manner.
  3. Daylight to existing habitable room windows (416) – does not comply by a minimal amount, and will still be providing an excess of 3m2 light court with a minimum dimension 1m clear to sky.

We have discussed the above issues with both our neighbours and showed copies of the site plan for the proposed dwelling and they have given their written consent (attached), and therefore request that our application be approved.

We submitted our report and consent application to the council on 13 Feb 2012 and received council approval 8 days later on 21 Feb 2012.  We provided Metricon with the council report and consent approval letter so that it can be supplied to the building surveyors when applying for building permits.




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