Browse Forums Building A New House 1 Apr 06, 2007 5:30 am Hey guys
Does anyone know what the rules are on minimum setbacks? We have just done tender and what we thought was going to be a minimum 5m setback has turned into a 6.5m aparently because the first house in the street has been set back at that length and we have to be the same The desing guidelines for the estate say "All buildings (dwellings, carports, garages and outbuildigns must be set back a minimum of 5m from the frontage or any greater distance as required by the responsible authority. Front setbacks may also be controlled by building envelopes where provided." We don't have any building envelopes so I'm guessing it relates to the responsible authority aspect but I'm not sure where to look to find out this info It seems a bit weird and iit's annoying me as now our backyard will be only 4.4m long instead of 5.9m Thanls Re: Minimum setbacks 2Apr 06, 2007 5:33 am Oh I forgot to say, all I have been able to find is that a building permit is required if the building is further forward than the associated buidling, but nothig that says it can't be further forward? Re: Minimum setbacks 3Apr 06, 2007 7:05 am I would have thought you could apply to the council to have the 5m setback. The builders are probably trying to get you to go for the bigger setback so they (and you) don't have to wait on building or planning permits.
We're going to have a 9m setback because thats the minimum of one of the neighbours houses! Try ringing the council building permit office and asking their advice. Good luck! Re: Minimum setbacks 4Apr 06, 2007 8:49 am The Local Council dictates the minimum setback and it can vary within the Council Area depending on the type of zoning. For example, in our area in Sutherland it is 7m, while other areas nearby (high density housing), it is about 4m.
In addition, there may be a stipulation in your estate on certain setback restrictions (as well as other design features), as you have stated. I don't know what they mean by the 'building envelopes' clause. So, check with your Local Council, Also, find out if the rules in your estate are 'design guidelines' or firm requirements . I can't see why they would want all the setbacks the same in your street. The streetscape would look better with a variety of frontages, rather than a wall of houses all in a perfect line. Re: Minimum setbacks 5Apr 06, 2007 9:06 am Hi shooey,
We are waiting to hear back from the council for "report and consent" (nearly 6 weeks now...). Our minimum setback is 4m, but we have applied to have our house closer due to the odd shape of the block and the fact that no reasonable sized house (approx 20 sq) will fit with a 4m setback. Our council (Wyndham) has what you described also - that whatever the first house is is now the minimum setback, so you have to hope that the first people to build have the minimum. Silly if you ask me! It has cost us $200 to submit the report and consent, and we had to include all the house plans, sitings etc so that they can judge the case by what will go on the land... even though it doesn't include our plans being approved. Apparently they judge each case based on the reasons listed, and they have to allow 14 days for the owners of the adjoining properties to be notified and let them object. Of course there's no guarantee the council will approve it. I would say that you would have no issues applying and being approved for the minimum setback in your area, it's just another way for them to make some $$$ Ray. Second Time 'Round Re: Minimum setbacks 6Apr 06, 2007 9:16 am shooey,
A few comments about your estate's design guidelines: 1) If they are indeed "guidelines", then they are "suggestions" 2) If there is a "greater distance as required by the responsible authority" then the responsible authority needs to be identified and their written criteria should be obtained and examined. It should not be left up to the whim of a person/s. With regards to Council requirements, in Ryde NSW the setback is determined by examining the building either side of your planned house. 1) If the immediately neighbouring building setbacks are within 2 metres of each other, then you can select either one. 2) If the buildings are offset more than 2 metres then the setback becomes the average of the two setbacks. 3) In the absence of other indicators (eg. you’re the first in the street) then the Council wants 7.5 m for at least 50% of the frontage and 6.0 m for the remainder. (Councils like steps in the frontage to add character.) Are there houses to either side of you and what are their setbacks? Cheers, Casa Re: Minimum setbacks 7Apr 06, 2007 9:17 am Thanks everyone, sounds like it is what has happened, that the builder didn't want to submit extra permits
I will ring the council on Tuesday, and will try not to think about it again over Easter! I'll just eat lots of eggs instead! hehe On a good note we found out about a few upgrades that we are getting but didn't know about, but they don't make our backyard any bigger! Re: Minimum setbacks 8Apr 06, 2007 9:48 am As has been said - it's a council thing. The main objective is to make the street look consistent.
In our case, we need a 4 m setback to fit our house onto the block (if you check our blog, you'll see why). As some of the existing houses have that setback, it shouldn't be a problem for us - so it works in our favour. It is probably something you can fight - it depends on how important is is to you. Cheers Perry Re: Minimum setbacks 9Apr 06, 2007 10:18 am Just a little question regarding setbacks;
If 5m then is that measured to the external brickwork or at roof gutter distance etc? I would think it would be external brickwork, could somebody clarify please. Reason I am asking is that my house is at council approval stage and I have noted that my builder has asked for a relaxation of front setback. I had previously been told by the council that front setbacks are to be 5m, and my house will be setback 5m, so wanting to clarify before asking the question. Thanks Re: Minimum setbacks 10Apr 06, 2007 10:56 am There was only the one house when our plans were drawn but there has since been another house built there so I might go down and measure and see what the measurements both are
I guess if we try to fight it now it will delay everything further as all the engineering will have to be redrawn, etc Re: Minimum setbacks 11Apr 06, 2007 1:39 pm Interesting point:
Our council have a minimum setback requirement of 4 meters. The houses on either side of us are 5 meters and 6 meters. When ringing the council they said we could still have 4 meters if we really wanted but, the car wouldn't fit in the driveway. HUH?? I went and measured it and he was right. The reason that he suggested a minimum 5 metre setback was so that you could park your car in the driveway without it hanging out over the footpath A bit clever for a councilman I though (no direspect intended) Matt Re: Minimum setbacks 12Apr 06, 2007 11:27 pm The setback is measured to the brickwork i.e. eaves can encroach on the setback distance.
Generally the setback is - for existing dwellings either side - the average distance of the setbacks of the existing buildings or 9 meters, whichever is the lesser. 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. Re: Minimum setbacks 13Apr 07, 2007 2:39 pm Well I went down and measured the setback on the other block next door today and from my measurements it's 5m and the other side is 6.5m
I have contacted the owner of the 5m setback to ask how far their setback is on the plan (I've spoken to her previously and get along with her) so fingers crossed it is and that we will then be able to ask the builder to change it to 5m Re: Minimum setbacks 14Apr 07, 2007 3:44 pm If one is 5m & t'other 6.5m then your setback should be no closer than 5.75m - or am I missing something. 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. Re: Minimum setbacks 15Apr 08, 2007 8:11 am Casa2 shooey, With regards to Council requirements, in Ryde NSW the setback is determined by examining the building either side of your planned house. 1) If the immediately neighbouring building setbacks are within 2 metres of each other, then you can select either one. 2) If the buildings are offset more than 2 metres then the setback becomes the average of the two setbacks. 3) In the absence of other indicators (eg. you’re the first in the street) then the Council wants 7.5 m for at least 50% of the frontage and 6.0 m for the remainder. (Councils like steps in the frontage to add character.) Are there houses to either side of you and what are their setbacks? Cheers, Casa Ausdesign, I was going with #1, of course I will check with our council first Re: Minimum setbacks 16Apr 08, 2007 10:56 am From my understanding, if one neighbour's setback is 5 m and the other neighbour's setback is 8 m then your setback (for Ryde NSW) is 7.5 m. This is not a minimum figure but the nominal figure.
A question for all. Why do we have setback requirements? In particular, what benefit to the Council (that is, the community) is there to a setback of more than about 5 m? The only reason I can see for setback requirements beyond 5 m is to avoid neighbours "burying" a house. If you have, say, a 10 m setback and both your neighbours build with setbacks of 5 m then you would end up being swallowed up by the neighbouring houses. As already mentioned by mattwalker, 5 m is a good figure sine you can park your car in the driveway and it won't stick out. Of course, there could be a step in the house with the rest say 2 m from the boundary. Again, I can't see any benefit to the community in having large setbacks. However, I can see benefits to the community and the resident in small setbacks. You get a larger backyard, which is useful for the resident and helps the Council/community by reducing the load on parks. So, why do we have (large) setback requirements? Cheers, Casa Re: Minimum setbacks 17Apr 08, 2007 3:13 pm Well I spoke to the neighbour and hers is defintely 5m and she thinks that the other peoples fromt porch is 5m as well and that our builders have taken it to the wall as the porch wasn't built yet when they measured it so they did it to the slab
I will ring the builders first thing Tuesday and get it sorted Re: Minimum setbacks 18Apr 08, 2007 4:35 pm Ok so you live in Victoria so you only have vic law to worry about.
To me your most important consideration is getting your neighbours on both sides(if you have them) to sign your plan saying they have no objection. Do your own dispensation paperwork (builders can charge $600 for what the council charges $200 for) Take your time and try and answer all the questions like you are addressing a job description application. Be clear about the practicalities of a 5m set back,for the good of the neighbours and use and enjoyment of your block. Research via google other councils in and around Melbourne. The process is or should be quick if you present a fait accompli with your neighbours already signed on the dotted line. Good luck we did it. Re: Minimum setbacks 20Apr 08, 2007 4:52 pm Dispensation from your neighbours basically means they allow you to do it...
I.e. you want to build a weatherboard and the neighbours all have bricks and the covenant says bricks. Just because the covenants says bricks doesn't mean thats set in concrete. If you get all the neighbours to agree you can get special dispensation to allow you to build what you want. The same should apply with the setback. Have you read the local council regulation sheet? Matt My land is 260m2 (10m x 26m) located in claymore NSW. Under campbelltown council. I know in general the following setbacks would apply ground floor side setback =… 0 6934 Hi, only for walking. It is a narrow 1.5m paved area next to house. 2 5432 Thanks Draftroom that definitely helps a heap. We are still at the very early stage of planning to see what kind of house would fit on our plot. While we are on a… 3 15778 |