Browse Forums General Discussion 1 Nov 08, 2008 8:21 am G'day
Has anyone successfully got a variation to rescode? We want to do one about setbacks. We have a block that is one block from the corner of 2 streets. The neighbour on the right is 6m back. The neighbour on the left who is actually on the corner of the 2 streets is 10.5m back. So strictly we should be 8.25m back, the average. However the neighbour on the corner actually seems to face the other street. So we want to argue that his house should not be considered for setback puposes, and we should be able to build 6m back. Has anyone else encountered this situation? Re: Variation to rescode - Melbourne 2Nov 08, 2008 9:10 am Its only neighbours on the same street as you. Your corner neighbour cannot have two frontages. One is his frontage, the other is the "sideage".
I had a similar issue in another post called SETBACKS!!! Re: Variation to rescode - Melbourne 3Nov 08, 2008 9:14 am Mel&Em Its only neighbours on the same street as you. Your corner neighbour cannot have two frontages. One is his frontage, the other is the "sideage". What do you reckon defines frontage and sideage? His car drives out onto the other street, his front door faces the other street, his pedestrian access is exactly on the corner diagonally. Re: Variation to rescode - Melbourne 4Nov 08, 2008 3:21 pm We successfully applied for dispensation to decrease minimum setback before we started building earlier this year.
We didn't have the corner issue, and we were lucky that one of our neighbours have a shorter setback than what we were wanting - one was 8.8m back and the other 4m, which would've made our setback 6.4m. We applied for and got 4.8m. We first applied in January, after obtaining signatures on our house plans from the owner of each next door neighbour and filling in the application form with various reasons why we wanted it and should be allowed it, referring to criteria in the rescode document. A few weeks later council sent us a letter asking for more information - specifically, signatures from the rest of the houses in the street, and a streetscape showing the frontages of every other house in the surrounding areas, which we drew up on Excel. Our council was more worried about the fact that our garage was in line with the rest of the facade, rather than decreasing the setback (they like it to be 1m back from rest of house, I think). But we got it through without changing our plans, fortunately. It may or may not have helped that my mum knew the building dept manager Anyway we finally got permission in April, from memory, and construction commenced in June, I think. If you have lots of new townhouses going up in your area, this should help your case as the setback for those is usually minimal. Once you apply, make yourself known to the building dept and keep up the friendly phone calls just 'touching base'. If you have any other questions I'd be happy to answer based on our experience. Good luck Re: Variation to rescode - Melbourne 5Nov 08, 2008 4:41 pm James Bond Mel&Em Its only neighbours on the same street as you. Your corner neighbour cannot have two frontages. One is his frontage, the other is the "sideage". What do you reckon defines frontage and sideage? His car drives out onto the other street, his front door faces the other street, his pedestrian access is exactly on the corner diagonally. Sounds like his frontage is the other street. Is he in line with the houses on that street? Re: Variation to rescode - Melbourne 6Nov 10, 2008 6:01 pm Hmmm good question. I will have to go and measure. Although as he is behind a 2m wall it is hard to see exactly. Re: Variation to rescode - Melbourne 8Nov 12, 2008 1:10 pm Street frontage is defined by the title address. Peter Clarkson - AusDesign Australia www.ausdesign.com.au This information is intended to provide general information only. It does not purport to be a comprehensive advice. I work with owner, he/she is my man on the ground and I instruct them when to visit the site and take photos and I have other tools in the bag. 4 15265 Looking for advice on whether this variation in tile colour is acceptable. The large tile on the left was used in my main bathroom renovation 1 year ago. My ensuite… 0 8488 yes it does, you've just not understood it. theres a difference. 4 5321 |