Browse Forums Building A New House 1 Jul 20, 2012 1:58 pm Hi guys, I plan to build my new house but have noticed on the plans after months of planning that my house set back is 5m and my neighbours is close to 5.8m. I really do not want to revise the plans and want to maximize space in my backyard rather than have an extra 800mm of space in the front yard (pointless in my eyes). Hence I am applying for council dispensation. The dispensation form asks for reasoning, I was going to quote the following reasons: - Would like to maximize space in my backyard for a planned entertainment area - Other houses in the street have a 5m setback (I plan to take a drive down there tomorrow to find out, hopefully this is the case). - My house is on a corner block, hence I will not be encroaching anyone to the right hand side of my house. I currently have 11.5m of backyard space as it stands with a 5m set back and would like to keep it this way (block width = 20m). Can anyone think of any additional reasons that I can use? Or do you think these reasons are sufficient enough for council to approve the dispensation. Thanks guys Re: Council dispensation on setback required - good reasonin 2Jul 20, 2012 7:25 pm I think you have made some good points. Plus I've heard councils are more lenient with corner blocks with setbacks. Good luck Re: Council dispensation on setback required - good reasonin 3Jul 20, 2012 10:19 pm The main issue will be if the next door puts in a complaint about it Re: Council dispensation on setback required - good reasonin 4Jul 20, 2012 10:34 pm Hi chirp I think your strongest rationale is that other houses on the street have a 5m setback. There appears to be at least a few councils that have guidelines where if you can show that there is an existing 'dominant setback' i.e. average of the street, in particular your neighbours, it should be possible to use this (average) setback instead. Why not give your council a call and see whether they have any similar guidelines? Good luck! Building ??? with ??? Re: Council dispensation on setback required - good reasonin 5Jul 21, 2012 7:30 am You mentioned months of planning, why isn't your architectural draftsperson advising you properly, that's their job. If you are in Victoria you can download rescode and building regulations. Good luck! Foremost Building Expert in Australia,assisting with building problems/disputes, building stage inspections,pre-contract review advice for peace of mind 200 blogs http://www.buildingexpert.net.au/blog Re: Council dispensation on setback required - good reasonin 6Jul 21, 2012 3:38 pm Doesn't sound like it should be much of an issue - our neighbours are on the corner, and because of the shape of the front of their house they had to put their setback at 6.5 meters to fit it in properly. The council said they had to get approval from us as their neighbours, because our house will be only 4.5m setback - our garage will be 2m further forward than theirs! Might look a wee bit odd, but it's their choice and we don't want to start a war with them before we even move in!! Don't stress Re: Council dispensation on setback required - good reasonin 7Jul 21, 2012 10:05 pm Yet again, I agree with buildingbee (just saw bb on another thread) - I think the strongest point you have is that either the setback in your street is inconsistent (eg. some are 5m, some are 5.8m) or that 5m is the norm. I had this exact same debate with our Council. From my experience, arguing that you want more entertainment area won't cut it. Much better to stick to Council perameters. Can you get a hold of the building regulations for your area (usually on the Council website)? That should stipulate what the setbacks should be (usually a minimum distance - in our Council it was 7m - or consistent with other properties). I argued that different houses had different setbacks and won. Another high priority for Councils are designs in keeping with streetscape etc. so if all other aspects of your designs complies, make a big emphasis on that and ask for a dispensation on this minor non-compliance. Good luck. Which Council are you with by the way? SOme are more relaxed than others. SunshineT's Build: viewtopic.php?f=31&t=34585 Designs start: 4/12/09 DA: 5/7/11 Demo: 22/12/11 Slab: 24/2/12 Keys: 31/8/12 Re: Council dispensation on setback required - good reasonin 8Jul 24, 2012 9:19 pm Well I went out there on Saturday and measured the neighbours set back, it was 4.8m not 5.8m, the architect had made a mistake on the plans.... little bit annoying. Crisis avoided, no dispensation required. This was on google. 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