17.05.2018

Garden Area Calculations and Eaves

Update on Garden Area Calculations and Eaves

BDAV recently issued the following update to members in regard to the VCAT hearing decision which provided clarification as to whether garden areas located under eaves could not be included in the garden area calculation, advising that DELWP had announced amendment VC143 which was gazetted on 15 May 2018.

This amendment makes it clear that the following can be included in the garden area calculations:

  • an eave, fascia or gutter that does not exceed a total width of 600mm;
  • a pergola;
  • unroofed terraces, patios, decks, steps or landings less than 800mm in height;
  • a basement that does not project above ground level;
  • any outbuilding that does not exceed a gross floor area of 10 square metres; and
  • domestic services normal to a dwelling or residential building;

The improvements change the definition and operation of the minimum garden area requirement, including clarifying exemptions in the Neighbourhood Residential Zone and the General Residential Zone and introducing permit requirements for certain commercial land uses in the Residential Growth Zone.

Planning Advisory Note 69

Amendment VC143 explains the changes introduced by Amendment VC143.

It can be viewed by CLICKING HERE.

Planning Practice Note 84

Applying the minimum garden area requirement, May 2018 gives guidance about the operation of the minimum garden area requirement in the Neighbourhood Residential Zone and the General Residential Zone.

It can be viewed by CLICKING HERE.