Apply for a siting variation

When a design for a single Class 1 building (dwelling) and associated Class 10 buildings (fences, carport, garages sheds or the like) does not fit the requirements of Part 5 of the Building Regulations 2018 (ResCode), an application for Report and Consent (called a Siting Variation) may be needed.

Siting variation applications are assessed against the Minister's Guideline MG12, with the aim of making sure that the proposed variation respects the existing or preferred character of the neighbourhood, and is consistent with the heights, setbacks and design of existing fences and buildings in the immediate area.

Please discuss with the relevant building surveyor engaged for the issue of the Building Permit before making an application.

How to apply

In person

Step 1.Get professional advice

Before you apply, you will need to be sure that you have a strong case for not complying with siting requirements. To do this, we recommend you:

  • consult an architect or building designer to provide design advice
  • talk to your neighbours about your design plans
  • discuss the design with the team at Council. 

Step 2.Prepare a covering letter

Your application must be accompanied by a covering letter clearly explaining why your proposal does not comply with siting requirements and how the proposal meets the Minister's Guidelines MG12.

Step 3.Seek comments from your neighbours

If your application relates to a reduction in setback, or if the proposed variation may impact the amenity of the adjoining property, your neighbours have the opportunity to make comment on your application.

Council will perform this task when you submit your application.

Step 4.Prepare supporting documentation

Along with your application, you will need to attach to the online form:

  • A copy of Title (can be obtained from Landata)
  • Approved plan of subdivision and any covenants or restrictions (if applicable) (can be obtained from Landata along with the Title)
  • Site plan and architectural drawings (refer to the Building Permit checklist for formatting specifications)
  • Cover letter (see above) 

Step 5.Download the application form

(PDF, 213KB)

 

Fees

The application fee is $311.80 per regulation. This amount is correct as of 1 July 2022. 

Each regulation is assessed individually and the fee will be applied to each regulation being varied.

Payment is required upon submission. You can pay this fee by calling Council on 5471 1700 to make payment over the phone, or in person at the Civic Centre, 27 Lyttleton Street, Castlemaine. 

 

What happens next?

Pay the application fee and apply 

Payment is required upon submission. You may call Council on (03)5471 1700 to make payment over the phone. You may also pay the fee in person at the Civic Centre, 27 Lyttleton Street, Castlemaine. 

Submitting your application can be done by email or in-person. 

To submit your application by email, email it to info@mountalexander.vic.gov.au or bring it into our Customer Service counter at the Civic Centre, 27 Lyttleton Street, Castlemaine. 

We may contact you for additional information 

If we need any additional details, we'll let you know within 15 business days. Your application will be put on hold until you provide us with the requested information.

We may want to visit the site or mediate 

When we are assessing your application, we may visit the site to take photographs and measurements. This is to assess the potential impact on surrounding properties and the streetscape.

We may also need to act as mediators between the applicant and any potentially affected neighbours.

 

Deciding the outcome of your application:

After assessing your application, we will either:

  • approve the application, 
  • approve the application with recommendations, or
  • refuse the application

We will let you know in writing.

Appealing a decision

If you disagree with Council's response to your application, you have 30 business days to lodge an appeal with the Building Appeals Board. The decision of the Building Appeals Board is final.

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